With the warmer weather comes the increased number of people on the road and more pedestrians. Springtime also brings more traffic and serious injuries. Springtime car accidents can occur for a number of reasons alike are excited to get outside and enjoy the sun. Below are some of the most common causes of springtime car accidents. If you are involved in an accident this springtime, contact an experienced personal injury lawyer right away.  As you accident and injury attorneys should be both experienced and local.

From our analysis of decades worth of car crash data in the springtime in Illinois, as well as reliable articles from across many media outlets, The major causes of springtime car accidents are:

• Pedestrians
• People Riding Bikes
• Wild Animals Crossing the Roadway
• Drunk Driving
• Wet Pavement
• Distracted Driving

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Pedestrians

Pedestrians are a common occurrence in car accidents during the spring season, and ensuring pedestrian safety is an important part of preventing such mishaps and dangerous accidents. As the days grow longer and the temperatures rise, more people are opting for walking or biking to get around. Unfortunately, this often means more cars on the road, and that means a higher risk of accidents between motorists and pedestrians.

Since Central Illinois is home to many colleges and universities, including the University of Illinois, Parkland College (Champaign, Illinois), Richland Community College (Decatur, IL), and Illinois State University (Bloomington-Normal, Illinois).  After weathering the long and gray Midwest winters, students and residents alike are excited to get outside and enjoy the sunlight.

Common Victims of Pedestrian Accidents in Illinois

Pedestrian accidents are common among, students, young children, the elderly, and shoppers in congested business districts.

Pedestrians are particularly vulnerable to car accidents during the spring months, with nearly 500 children killed and 22,000 seriously injured each year. While pedestrian accidents occur throughout the year, springtime is particularly dangerous for young pedestrians. According to a study by the Jacobi Medical Center in New York City, researchers analyzed the data from a year’s worth of pedestrian accident injury treatments involving children under eight years of age in Philadelphia.

Those who treated these children noted where the accidents occurred and whether the child was accompanied by an adult.

Bicyclists

There are many causes of bicycle-car accidents. The most common are left-hand turns and right-hooks, which happen when a car passes a cyclist in the right-hand lane. Other causes of bicycle-car accidents include being hit from behind or doors opening into a cyclist’s path. No matter what the cause of the accident, bicyclists are at risk of car accidents in springtime, and they should be vigilant to minimize their exposure to accidents.

The Centers for Disease Control estimates that 500,000 bicycle accidents occur in the US each year. These accidents affect not only individuals but also the broader economy. Productivity losses from these accidents can total billions of dollars.

Each year, about a thousand victims die. Of these, about seventy percent of bicycle accidents occur in major cities and towns. Many of these accidents occur during rush hour, when traffic is at its worst.

Wild Animals (And Poorly-Behaved Domestic Ones)

Drivers in certain areas must be extra vigilant during spring. The weather is usually not as conducive to driving as during the winter, and wildlife activity is at its peak during this time. Especially at dusk or dawn, wild animals often come across the road.

Drivers must use extra care while driving during this time of year, or they may be distracted by allergies or other medications. However, no safety measures can completely eliminate the possibility of an accident with a wild animal.

There are several reasons why wild animals are especially active during spring and fall. For example, deer and moose are at their highest risk during mating season, from early fall to early January. Additionally, these animals are on the move during this time of year, and drivers may not react in time if they run into them. The Insurance Institute of Canada reported that nearly one-third of motorists were killed in collisions with animals during July through September last year.

Drunk Drivers

Throughout Illinois, there is no shortage of springtime car accidents. This time of year is full of spring breakers celebrating midterms and the start of summer. Unfortunately, more spring breakers means more cars on the road, and more potential for drunk drivers. This article will explore some ways you can avoid becoming one of the next victims. By following these simple steps, you can help prevent accidents from happening to you and your family.

One common cause of springtime car accidents is Daylight Savings Time. As we all begin our clocks ahead an hour each day, drivers are more likely to be drowsy and sleepy behind the wheel. Daylight Savings Time also causes drivers to lose an hour of sleep. This disruption to sleep habits can cause serious injuries and fatalities. As a result, it is crucial that you plan for the change beforehand.

Wet pavement

The springtime weather in Central Illinois can be volatile. Wet pavement is still a serious risk factor for car accidents during the spring months. In fact, nearly seventy percent of weather-related crashes involve wet pavement.

Drivers with compromised tires are more susceptible to wet pavement hazards, as are drunk and distracted drivers. Moreover, a lack of visibility and an aggravated driver increase the risk of an accident.

To reduce the risk of a springtime car accident, drivers should slow down when driving on a wet surface. Reducing the speed by five to ten mph will reduce the stopping distance by approximately 55 percent. Slowing down also means leaving more space between cars. This may seem like common sense, but in practice, many drivers simply ignore the condition and risk an accident. In such a case, it is best to seek medical attention and contact an attorney to discuss your options.

Distracted Driving

It’s no secret that springtime is a time for outdoor activities. People love to go for walks in the park, drive to the beach, and even take their bikes for a spin. With more people on the road, the likelihood of accidents increases. Distracted driving can lead to serious accidents. By using a cell phone, you’re less likely to see a collision unless you pay attention to the road.

Drivers should avoid distractions whenever possible. These can be visual, auditory, or manual. The first two are dangerous and account for about 2% of traffic fatalities. Other manual tasks are also risky. Applying makeup, grooming, or dealing with fussy passengers can all cause a collision without you realizing it. In short, you should avoid distracted driving as much as possible! And remember: you’re not alone. Distracted driving causes springtime car accidents.

As always, if you or a loved on is injured in an automobile accident or truck crash while driving the Illinois roads during the spring, please call Koester Law, PLLC, the Injury Lawyers, to receive a free review of your claim.

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About this time every year Americans are inundated with news stories and articles about holiday travel and the dangers associated with a sharp increase in travelers during November and December. However, there is usually very little data to substantiate the recommendations because it is all based on common sense.

Fortunately, the United States Department of Transportation and in particular the National Highway Transportation Safety Administration compiles a great deal of data about holiday travel and safety concerns. Our editorial team at Koester Law, PLLC has shifted through the data for you and arrived at the top three Thanksgiving travel and unique tips to stay safe this holiday season well also having fun.

What Is the Most Dangerous State for Holiday Travel?

The data is clear, Mississippi is the most dangerous state to travel in during the holiday season.  Together with South Dakota, Louisiana, and New Mexico, Mississippi shares the dubious distinction of having the highest number of motor vehicle fatality rates for the Thanksgiving and Christmas holiday season than any other state.  With respect to all of these states the key data is that each has a fatality rate higher than two for 100,000 residents.  These numbers are impacted by the volume of traffic on the State’s roads as well as the state’s normal population.

Most Dangerous States for Holiday Travel

• Mississippi
• South Dakota
• Louisiana
• New Mexico

Population and Traffic Volume Matters

This way of measuring obviously skews in the favor of states with higher populations, however it is important to understand that if you are traveling from Illinois, which has a higher population than South Dakota for instance, that one must be wary of motor vehicle accidents in sparsely populated states where serious injuries or fatalities are more prevalent.The reason why fatality rates, and rates of serious injury are higher in states with less of a population is due to the fact that emergency responding personnel along with highway maintenance crews are not as prevalent as in states with significant populations. Ask yourself this question, how many police cars do you see driving the New Jersey turnpike or the Dan Ryan expressway in Chicago versus long stretches of open highway in South Dakota?

Are You Used to Where You Travel?

One of the primary reasons for dangerous accidents and deaths during the holiday season is individuals driving in locations throughout the United States where they are not familiar. Despite the fact that you may be able to manage the intense traffic jams of Atlanta or Chicago, it does not necessarily carry over that you can handle the wide expansive highways of New Mexico or Montana. Furthermore, in more remote locations, motorists who are unfamiliar with the localities in lack of services often fall victim to unpreparedness and, and some situations, even death. It is important to understand that when traveling long distances, particularly by car or motor vehicle, over the holidays that the conditions of the roads and the environment in which you are driving play a remarkably important factor in whether or not you get to your destination alive.

Oftentimes this preparation comes down to simply planning ahead a few days and checking the weather forecast and whether or not there will be service stations or available roadside assistance where you are traveling.

What Other States Are Dangerous?

It is pretty clear that the number of serious accidents in fatalities increase as the population density decreases in most states. This is why Mississippi, South Dakota, Louisiana, and New Mexico lead the list for a fatality rates. These are states that are all within driving distance from metropolitan areas, however the conditions in these states can change dramatically given the weather forecast of the temperature.

Take for example Illinois, which which is ranked number 32 on the department of transportation’s list. Nearly every exit on major Illinois interstate highways has a gas station or service center where one can bind assistance in the case of an automobile emergency. Contrast this with South Dakota, the number two most dangerous state to travel and over the holidays, where one can go hundreds of miles without having any reliable service center or roadside assistance.

There are only about 850 gas stations in South Dakota compared with over 3,875 in Illinois according to the most recent available data.

This disparity in population is a primary reason for states with lower populations to have higher fatalities and serious automobile accidents. Additionally, statistics comes into play since with a larger population density a state can have more fatalities despite the fact that the percentage with respect to population is lower.

Yes, We Are Still Dealing With COVID-19 and It Will Impact Travel

Nobody likes to talk about the Covid-19 pandemic. At Koester Law, PLLC we can certainly understand that. However, it is important to understand that many individuals will be traveling in 2021 for the first time in a few years.  Further, many of these people may not even be good driver to begin with. This means that there is the potential for drivers who have yet to take long trips or who have not taken long trips in multiple years getting on the road in November and December of 2021.

Driving is a habit that yields efficiency given the number of times that one practices the habit. For metropolitan individuals not used to driving cars, or simply taking Ubers, this can be a major factor.

The Same Old Safety Tips Still Apply for Holiday Travel

• First, Don’t drink and drive. This may seem obvious, but researchers have found that blood alcohol levels higher than 0.08 significantly increase the likelihood of fatalities in serious injuries over Thanksgiving in the holidays. To put it on context, car accidents ending in death increased over 22% over the Thanksgiving holidays in 26% over the Christmas holidays as compared to non-holiday seasons. We all know that holiday gatherings are fun and a good chance to let off steam, however don’t take it too far or you could end up in a ditch off the side of the road.

• Second, Try to drive during the daytime if possible. It’s not surprising that night time driving is related to nearly 30% increases in vehicle fatalities and serious injuries during the holiday season. Oftentimes individuals who live far away from their family set out to drive the entire 12-hour journey in one day. This is a recipe for disaster, in one which can leave you in a more precarious situation if you are a metropolitan driver operating your car anymore rural setting. Imagine having a flat tire or breakdown in the middle of the night in South Dakota versus off of an exit of the Dan Ryan expressway?

• Third, Get some Sleep.  Sleep factors into driving safety.  In fact, according to the United States CDC, a lack of sleep can make you less alert which can then impact judgment reaction time and coordination will operating a motor vehicle the CDC calls this cognitive impairment, but in reality, it could be having too much of a good time on Thursday and trying to drive home early Friday morning. Try to avoid drowsy driving to make the holidays is safe as possible.

If You Are Injured on the Road, Hire a Local Lawyer

As always, the personal injury and auto accident team at Koester Law, PLLC are ready to help.  We can represent anyone injured on the roads or otherwise during the holiday season.  Please call our office for a free case evaluation if appropriate.

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.

The Government Has Accurate Data on the Type and Frequency of Illinois Car Crashes

According to information from the National Freeway Website Traffic Safety Administration (NHTSA), automobile accidents are most likely to happen:

According to statistics, the majority of deadly car accident occur between the hours of 6 p.m. and 12 a.m. This should really be no surprise since this is when most people are the most tired. 28% of all fatal traffic crashes occur during this time frame. As nighttime sets in, there are typically more intoxicated or impaired drivers on the roads. The second most unsafe time of day is between the hours of 3 p.m. and 6 p.m. 16% of all fatal traffic crashes occur during this time frame. These times of day tend to me more harmful due to the number of drivers hitting the road, e.g. “heavy traffic” for commuters coming home from work.

Weekends also yield higher amounts of motor vehicle accidents. Reported auto accidents are higher on Saturdays and Sundays than on any other day of the week. Tuesdays and Wednesdays tend to have fewer reported accidents.

While there are plenty of auto accidents that occur in Winter months as a result of road conditions, more accidents actually occur in the Summer months. The NHTSA reported that August is the leading month for traffic accidents to occur. Experts believe that when the temperatures rise, more drivers tend to hit the roads and thus, more accidents occur.

Anytime a driver chooses to operate his/her motor vehicle impaired whether under the influence of alcohol or medications, the danger of a car or truck accident increases. The NHTSA has reported that an alcohol impairment at a Blood Alcohol Content of 0.08 can significantly boost the risk of motor vehicle and truck crushes by about 8 times. The threats of these crashes are increased by 25% when a driver is impaired by marijuana.

Accidents caused by impairment from marijuana are an issue that Illinois and Champaign County will have to deal with in particular with both medicinal and recreational pot use legalized in Illinois. In fact, Illinois police are already trying to prepare for the problem.

While impaired driving is the reason for a significant amount of auto mishaps, the NHTSA reports that 95% of all automobile accidents are created at last partly by human error.

What Do Drivers in Champaign-Urbana and Central Illinois Who Want to Avoid Car Accidents and the Accompanying Injuries Need to Do?

All drivers must understand:

• Evening and nighttime hours are the most dangerous–so stay alert!
• Impaired driving is not just due to alcohol–it can also be from marijuana and even fatigue.
• The slower you travel (within speed limits) the safer you will be. Speeding is a major cause of Illinois Accidents as well.

Have you or a loved one been harmed in an automobile accident? If so, contact the Illinois motor vehicle accident lawyers at Koester Law, PLLC. Our skilled and compassionate attorneys have been offering assistance to our clients since 1895.

To find out more about our services, please call 217-337-1400 to schedule a free initial consult with one of our partners at Koester Law, PLLC.

Unfortunately, serving as an Illinois state trooper can be a very dangerous job. There has been much attention given to recent deaths of Illinois state troopers on the highway while in the line of duty. These tragic accidents happen when drivers in the right-hand Lane fail to move over to the left when is Trooper is performing a traffic stop. In March of 2019, when Illinois State Trooper Gerald Ellis was struck and killed, he was the second death of the year, with 16 other of Illinois’ finest struck by passing vehicles. In light of these accidents, the state of Illinois has passed legislation to attempt to deal with this dangerous problem. The illegal practice of failing to move over is incredibly dangerous not only two state troopers but also to civilian motorists tending to their vehicles on the side of the road. The next time you are passing the Champaign County and Central Illinois and you see a State Trooper or other motorists on the side of the road, pull over to the left hand lane and do your part to increase road safety and cut down on dangerous accidents.

Apart from patrolling on the highways Illinois state troopers provide a wide array a safety education programs ranging from the processor use of seatbelts, the simulations involving texting and drinking and driving. The Illinois State Police Focus much of their attention on ending distracted driving and operating Motor Vehicles while impaired since these two types A behaviorist lead to a high number of accidents across Illinois. Other Illinois State Police safety programs include Prom Night Safety, Motor Vehicle Safety, and rollover simulations which are intended to help inexperienced in teen drivers understand the deadly impact that improper vehicle control can have on themselves and other people sharing the road.

To combat distracted driving in Illinois, state troopers are now riding along in the cabs of semi trucks bringing their quote trooper and a Truck quote Ride Along program to the state of Illinois. The program was started in the Chicago area and and could spread to Champaign County and throughout Illinois. The intent of the program is to catch distracted drivers in the act without the trooper having to be in an easily identifiable Illinois State Police vehicle. After all, how many times have we all passed semi trucks without paying attention to who is behind the wheel? The program is part of the Illinois State initiative to crack down on distracted driving which is a major source of accidents and deaths in Illinois and in Champaign County. Koester Law, PLLC actively pursues and recovers for our clients and distracted driving cases.

At Koester Law, PLLC, we support our Illinois State Troopers in all of their work and remind all drivers in Illinois to stay alert and move over when a vehicle is pulled off the road. Should you be injured in an car wreck in Central Illinois, just let us know how we can help.

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 10 gears, 500 horsepower, hauling 80,000 pounds and an average cruising speed of 65-70 miles per hour, today’s commercial vehicles were built with the long-haul in mind. But if you’ve ever gotten stuck behind an 18-wheeler in the city, you are all too aware of how slow and clumsy these big rigs can be off the highway.  In Central Illinois in particular the prevalence of semi trucks is even higher with so many major interstate highways including:

• Illinois Interstate 57, which runs north and south through the entire state;
• Illinois Interstate 74, which rus east and west through Champaign Urbana;
• Illinois Interstate 72, which serves as the direct link to Springfield Illinois.
• Rural and Country Roads which semi truck uses, particular during farming operations, and which cause many vehicle accidents in Illinois.

The Champaign trucking accident team at Koester Law, PLLC has studied the causes of trucking accidents for decades and has come up with the following tips Illinois drivers can use to protect themselves from the destructive power of semi trucks and big rigs.

Getting Up To Speed

Never pass or maneuver around a commercial vehicle – truck or bus – illegally, even if it means taking a few more minutes on your commute. Although you may think you can zip around and in front of that trucker, keep in mind that most passenger car/tractor trailer accidents are much more than fender benders.

Safe in the Zone: Learn Where Trucks Can See You

Most professional truck and bus drivers try to leave a safe distance between themselves and the vehicle in front of them. This cushion of space is known as the “safety zone”.  Yet, the safety zone is often invaded by risky drivers trying to better their position on the road.

Never zoom around a truck or bus only to pull directly in front of them. Stay out of the safety zone! As a rule when you pass a commercial truck or bus,allow 50 feet (five car lengths) between you and the big guy before merging back in front of him.  If you enter the zone in front of a big rig and need to apply your brakes, the 18-wheeler on your tail may not be able to stop in time.

Is He Making a Pass? Remember, Trucks Are Bigger Than You Are.

When you make the decision to pass, always be sure you can complete your pass quickly.  As you’re approaching a big rig from the rear, anticipate what your passing speed needs to be and be sure you can get by without getting stuck behind another passing vehicle – you might be in one of the truck’s blind spots.  Better to wait to start your pass after the one ahead of you has completed its maneuver and is clear of the safety zone.

Peek-A-Boo: Never Play Games with Trucks to Avoid Accidents

If you can’t see a truck’s mirrors, you’re in the truck’s blind spot and the trucker can’t see you.  Keep this in mind as you select your road position behind or alongside a truck or bus.  Always make sure you can be seen.  When passing, keep in mind that the truck driver has a big blind spot to his left just behind his cab. If you get caught in that blind spot the truck might start a passing maneuver of its own and squeeze you off the road or into oncoming traffic, or worse yet, collide with you.

Semi-Truck Accidents Will Still Happen

Koester Law, PLLC dedicates a significant amount of our practice to helping drivers injured in trucking accidents.  Remember, trucks have one goal in mind, deliver the load as quickly as possible and pick up another load.  That is how trucking companies make money–and they make lots of it.  Trucking companies almost always have large insurance policies as well.  This means that if you or a loved one are injured in a trucking accident, you should absolutely call a local Champaign and Illinois trucking accident lawyer so that you are paid the compensation that you deserve.

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.

Because the crimes are so different, there are many defenses that come into play with mortgage fraud. Here are some common defenses that you and your lawyer may want to consider for your case.

• False identity. Since many people steal other people’s information in order to buy or sell a home, your lawyer may fight that you didn’t know what was going on. Your identity could have been stolen or you might have been framed so there is no way that you knew about any illegal happenings that took place using your identity.
• If someone else gets convicted because they stole your identity, they may also be accused of theft, along with mortgage fraud.
• Property owner gave consent. Since most mortgage fraud cases are performed by professionals, you might be able to fight that the owner of the property gave their consent and you had good faith intent.
• The property owner might be held accountable for mortgage fraud, instead of you.
• Entrapment. Entrapment is another commonly used defense. Your lawyer must have evidence showing that you wouldn’t have committed mortgage fraud, unless you were forced to do so.

If you are looking at a case of mortgage fraud, you need an experienced lawyer to fight for you and your rights. A good lawyer will help you go through your options and potential defenses so together you can decide the best way to proceed. If you don’t have a lawyer on your side, you are leaving your fate in someone else’s hands. This can be a big mistake.

We are dedicated to protecting your money and identity. Don’t hesitate to contact us for any questions that you may have about identity and mortgage fraud.

• 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.