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Advocates Aim for Stricter Requirements for Commercial Drivers

January 29, 2015 by Levinson and Stefani Leave a Comment

For years, the Federal Motor Carrier Safety Administration has faced a bevy of criticism for failing to institute stricter training requirements for operators of large commercial trucks. That criticism has turned into action, according to the New York Times, which reports that safety advocates and at least one labor union has filed suit in federal court over FMCSA’s lack of progress. It seems it was only a matter of time.

In a span of ten years, says the Times, Congress has twice ordered the FMCSA make changes to its training measures, only to see the FMCSA bypass the requisite deadlines. The federal organization has made incremental improvements over the last decade, but not enough to satisfy a growing contingent of safety groups and those who say the FMCSA’s so-called improvements are akin to a running joke. Currently the FMCSA requires a minimum of ten hours in the classroom and a driving test before allowing drivers with big rigs onto the road, only after the “relatively simple process” of filing for a commercial license.

That doesn’t satisfy people like Henry Jansy, general counsel at Advocates for Highway and Auto Safety, who took a harsh line with the FMCSA, saying “There’s just no excuse anymore. This should be basic stuff. People are dying because of the lack of training out there.”

Making matters worse for the FMCSA is the rising number of fatalities related to large commercial trucks. The Times points out that traffic related fatalities have reached a new low, however accidents involving large trucks have steadily increased; fatalities are up by four percent and serious injuries up by 18 percent since 2012. Based on data from the Transportation Department, an additional 200,000 accidents with large trucks caused damage but no injuries.

The Illinois Department of Transportation (IDOT) reports that Illinois tractor-trailer accidents account for nearly 11% of traffic deaths over the last five years. In 2005, Illinois eighteen-wheeler accidents caused a little more than 200 of the nearly 2000 total traffic fatalities.

Some safety points to note from the IDOT:

In Illinois, fatal crashes between trucks and other vehicles most often occur:

On Tuesday through Friday, between 11:00 a.m. and 5:00 p.m., when the weather is clear and the road is dry
Due to speed or improper lane use
When the truck driver is between 28-43 years old and the driver of the other vehicle is between 20-30 years old
When the driver (of the truck OR the other vehicle) has fallen asleep or has been drinking

Avoid these four blind spots when driving near or around a large vehicle:

Don’t return to the driving lane until you can see the entire front of the truck in your rearview mirror
If you can’t see one of the truck drivers’ side mirrors, he or she can’t see you either
If you can’t see the truck driver in one of your side mirrors, he or she can’t see you
Don’t enter the area between the curb or shoulder and the truck if the truck is signaling a turn

Additional safety points:

Some other safety information to be aware of when you encounter larger vehicles on the road include things like weight difference, the risk of underride and override, stopping distance, and “splash and spray.”

Reviewing and remembering these basic principles can help keep you safe on the road, and prevent the unexpected.

How Do I Choose A Lawyer?

January 27, 2015 by Jay Stefani Leave a Comment

Jay Stefani and Ken Levinson

The simple fact is most people don’t know a lawyer. That’s an easy fact for lawyers to forget; we’ve gone through law school, we work with lawyers each day, we meet new lawyers at various functions. For better or for worse, we know a lot of lawyers. But what do you do when you suddenly need a lawyer? You don’t know where to look or how to choose “the right” lawyer. On top of all that, you’re probably looking for a lawyer because something terrible just happened – so you’re also nervous, worried, and stressed, on top of being confused.

Where do I look for a lawyer?
Thanks to our shrinking world, it’s pretty easy to find a lawyer. We can search the Internet for anything and everything (you probably got to this article by asking Google: “How do I choose a lawyer?”). You can even tailor your search by looking for a specific type of lawyer (divorce, injury, real estate, etc.).

Odds are you belong to a group of some sort: church, school/alumni, sports league for the kids, neighborhood, etc. Don’t underestimate the power of networking (“I know a guy who knows someone”). Ask around.

Finding lawyers – at least numerous options – isn’t too difficult. But how do you know you’re hiring a good lawyer? How do you know you’ve found the “right” lawyer for you and your case?

How do I choose a good lawyer?
Here’s a secret: a lot of lawyers are good at what they do, assuming you’re talking to the right kind of lawyer. If you were injured, make sure you’re talking to a lawyer who handles injury cases. If you’re buying or selling a house, talk to lawyers who handle real estate matters. That sounds obvious, but be sure to look for lawyers who actually do what you want them to do.

Some lawyers are general practitioners – that’s OK sometimes, but other times you want someone who has a lot of experience in what you need. It makes sense, right? If I have the flu, I’ll see a general physician. If I blow out my knee dunking over Lebron James (humor me), I want to see an orthopedic surgeon. Some states (like Illinois) don’t allow lawyers to say they specialize, but looking at a lawyer’s website will give you good sense. Does the lawyer list a couple dozen practice areas or does she list just a few related areas?

Once you find a lawyer with experience in the field you need, how do you choose the best lawyer for you?

How do I choose the best lawyer for me?
The best lawyer in a particular practice area may not be the best lawyer for you. Once you have found lawyers that handle your type of case, I strongly urge you to speak with (preferably meet with) a few of them. Depending on the type of case you have, you may be working with this person for the better part of a year or more. You want your lawyer to be someone you can trust, someone you believe, and someone who genuinely cares about your case. You can find a lot of information online about an attorney, but you can’t get a sense about the kind of person that lawyer is without having a conversation.

I am always skeptical of the attorney who pressures a prospective client to sign up right away. Is there a deadline rapidly approaching in your case? If so, the attorney should be explaining why your selection is time-sensitive. If not, why is he or she adding stress to the equation? Your choice of a lawyer is very important, and the lawyer is the last person who should be adding pressure to your decision. You don’t want to drag your feet, but you should never feel rushed.

I hope this article better helps you understand the process of choosing a lawyer for your case. As always, please don’t hesitate to reach out if you have any questions!

ICYMI: New State Laws You Should Know for 2015

January 8, 2015 by Levinson and Stefani Leave a Comment

A New Year is in full swing and some new state laws are officially in effect, ranging from increased speed limits to the regulation of e-cigarettes. The Illinois Senate Democrats previously released a list of Top 15 new laws of 2015; and you can read the complete list of around 220 state laws and regulations approved by the state legislature here. In the meantime, we’ve summarized some prominent ones we think you’d like to know about below.

Nursing Homes
Nursing home chains must now submit annual reports regarding the state of their institution; power of attorney forms have been updated for a new year; and procedures for maintaining and renewing an advanced nursing license have been adjusted for processing.

E-Cigarettes
Much has been said about the safety of e-cigarettes and their accessibility to children and teens. Illinois is toughening up its stance on the popular smoking alternative, making them much harder to buy in common locations like gas stations and convenient stores. E-cigs must now remain behind counters and in sealed packages, much in the same way cigarettes are sold. Refills for e-cigs are now required be in child-proof packaging, too.

Drones for Illinois Police
For Illinois’ finest, drones have been the topic of debate when it comes to their use. Certain restrictions apply, but what’s certain is that offices will continue to use drones during extreme cases, such as a natural disaster or public health emergency. Serving as a so-called “Eye in the Sky,” drones have the potential to change search and rescue – and police surveillance – as we know it, navigating vantage points and zones that a person simply cannot.

Illinois Schools
School construction plans now require the development and maintenance of storm shelters to protect students from dangerous weather; and schools now have the option to discipline students who engage in cyberbullying inside and outside of school.

Victims’ Rights
House Bill 5990 expands child advocacy centers’ authority over child sexual abuse victims and victims of maltreatment, as well as components of investigation into child maltreatment cases.

State Speed Limit
A new state law increases the speed limit on toll ways throughout Illinois, up from 55mph to 70mph in certain locations. The Illinois Toll way board still must approve the measure before it officially goes into effect. Selected toll ways, however, have bumped the limit a smidge higher in rural areas, specifically for trucks and rigs, increasing from 55 mph to 60 mph.

Teen Drinking
Adults over the age of 21 can expect harsher laws and even harsher penalties, should they supply alcohol to those under the legal drinking age. House Bill 4745 expands the list of places, such as campers and boats, where parents are liable for supplying underage people with alcohol.

Are there any new laws you’ve heard about that you’d like to discuss? Let us know in the comments or on social media!

In the Know: Emergency EpiPens in Schools

December 11, 2014 by Levinson and Stefani Leave a Comment

Lately it seems like the most dangerous threats are the ones we can’t see. Earlier this month the Northwestern School of Medicine and Chicago Public Schools discovered that more than 38 CPS students and administrators were treated with emergency medication related to severe allergy reactions during the 2012-2013 academic year, requiring treatment through the use of emergency EAIs (Epinephrine Auto-Injectors, more commonly known as EpiPens). Ninety two percent of those treated were students and almost half of the people involved had no known history of allergies. In many cases, the reactions proved to be life threatening.

State and federal lawmakers have wrestled with the idea of stockpiling epinephrine in schools for years. Only recently have they made strides to improve access to epinephrine medication. In November of 2013, President Obama signed a bipartisan bill that offers financial incentives for states, so long as schools in those states carry epinpephrine medication. Almost every state in the U.S., with the exception of New Hampshire, according to Food Allergy Medication & Research, Inc., has passed or is considering legislation that would require or improve access to epinephrine stockpiles. Just last year, according to the Daily Northwestern, 41 states passed policies encouraging schools to stock EAI medication.

This latest finding by Northwestern underscores the necessity of preparedness. CPS is one of the first urban school districts to carry EAI medication in its public and charter schools, a fact that may once been considered a rarity. In the cases of children, allergies have been on the rise. Roughly 1 in 13 kids has some type of food allergy, averaging out to roughly two kids per classroom.

On November 3, Tricia Prebil, a local school nurse, was honored by her school district for treating a school bus driver who suffered a life-threatening allergy reaction, says the Chicago Tribune. Prebil used an EpiPen, which wouldn’t have been possible just a few short months ago. Before August 1 of 2014, EpiPens admins were only allowed to use EpiPens for students who previously had medical approval.

EpiPens have been available for more than 25 years. Between 1987 – 2013 roughly 47 million auto-injectors have been dispensed, according to data from IMS Health.

Madigan Releases Annual ‘Safe Shopping Guide’ for 2014

December 5, 2014 by Levinson and Stefani Leave a Comment

The 2014 Safe Shopping Guide from the Illinois Attorney General

Some lists are more important than others over the holidays: Santa’s list, of course, and the latest list coming from Illinois Attorney General Lisa Madigan’s office.

Madigan’s team has released its annual “Safe Shopping Guide” for the 2014 holiday shopping season. The Safe Shopping Guide is considered by many to be a critical resource for parents in the midst of perpetual spending sprees. Since 2007, the annual guide has been helping families avoid dreaded product recalls (an estimated 44 million individual units of children’s products are recalled each year, many of which go overlooked by retailers and remain available to unassuming shoppers!)

This year’s guide highlights over 100 recalled products, as determined by the Consumer Product Safety Commission. Products recalled include toys, cribs, furniture, clothing and baby gear. One of the great features of the “Safe Shopping Guide” is just how detailed it is. You’ll find a comprehensive list of defective products, along with descriptions and photos pinpointing exactly what parents should be paying close attention to. Topping this year’s list are items like the Dynacraft Aviago Youth Bicycle (recalled on July 31 due to a faulty front tire prone to detach) and the Toys “R” Us Toy Toaster Set (recalled on October 13 as a result of the brittle plastic toast that has a tendency to crack and break into small pieces, posing a choking hazard).

“The Safe Shopping Guide is a must-have for this holiday season,” said Abe Scarr, Illinois PIRG (Public Interest Research Group) Director, in a statement released by the Attorney General’s office. “Shoppers should pay close attention to toys that contain small parts that could lead to choking, and consumers should be especially vigilant while shopping online where recalled toys may still be available.”

Not Just Physical Products – Stay Cybersafe

New this year is a feature that provides important information on taking precautionary measures against identity theft and credit card fraud, two big concerns among consumers following several major data breaches at large retailers like Target, Michael’s, Neiman Marcus, and Home Depot.

Madigan’s guide includes preventative steps to help shoppers protect against identity theft. Her office notes that caller complaints involving cyber security jumped 1,600 percent in 2013 alone; they have successfully helped more than 35,000 victims remove over $26 million in fraudulent charges from their credit, thanks in part by encouraging encouraging consumers to take preventative steps like the ones below.

Protect your data with four simple steps, as outlined in the Safe Shopping Guide:

Set up transactions alerts
Establish spending limits and email/text alerts to keep you updated whenever a transaction exceeds a certain threshold. Should you find out that your card exceeded the limit, you can dispute the charge immediately with your credit card company.

Regularly review your bank and credit card statements
It’s easy to pinpoint a fraudulent charge, especially when it’s a large amount. But some scammers have learned to do so over time with small charges that most people would otherwise not notice. Taking a closer look at your bank and credit card statements can help you find inconsistencies or patterns in small numbers.

Review your credit report for unauthorized accounts
Credit card holders are entitled to at least one free credit score report from each of the three nationwide credit reporting agencies each year. By ordering your credit report, you can determine whether any unauthorized accounts have been open in your name.

Consider putting a security freeze on your credit
Lock down your personal data and prevent scammers from gaining access to your personal information. It’s the most extreme but also the most sure-fire way to keep things safe and secure. You’re free to lift the freeze at any time, should you want to make a big purchase in the future.

Is Artificial Turf Safe for Our Children?

November 13, 2014 by Levinson and Stefani Leave a Comment

These days artificial turf is practically synonymous with the word “sport.” You can find it almost anywhere — from nearby elementary schools to the biggest and most prestigious college athletic programs in the country. Local municipalities use it for recreation centers and playgrounds. High schools opt for its cost-saving benefits, as it’s durable and generally requires less maintenance over time. But a harrowing report from NBC News has shed new light on the potential dangers of turf and the synthetic properties from which it’s made. It’s forcing many to reconsider whether the surface is safe for play.

Turf generally contains two distinct properties: polyethylene plastic grass and tens of thousands of tiny rubber beads made from recycled tires, known as “crumb rubber.” As detailed by NBC, the crumb rubber has been the primary cause for concern. The network spoke with University of Washington soccer coach Amy Griffin, who shared the stories of two former UW players who were diagnosed with non-Hodgkins lymphoma. Both players happened to be goalkeepers, and both were coming in close contact with the turf on a daily basis.

At first Griffin dismissed the diagnoses as an eerie coincidence. But digging deeper, she discovered an all-too common pattern that sent her on quest for answers. Since those first two cases, she has slowly but doggedly collected the names of more than 38 American soccer players — 34 of which are goalies — who were later diagnosed with a form of cancer. In each situation, blood cancers like lymphoma and leukemia proved to be the predominant types. NBC noted that Griffin’s list is not based on fact or scientific analysis; it’s simply based on a pattern that Griffin could no longer ignore.

Regardless of its scientific merits, Griffin’s list, informed by testimonials of former players and coaches, is once again questioning the safety of artificial turf fields, most especially for children. Following the NBC News report, two schools in New Jersey and Washington postponed plans to install new turf, citing the need for more studies and testing.

Health advocates and organizations like Environment and Human Health, Inc. have produced some studies that shed some light on turf’s distinct qualities.

“From the available information,” says one study from the EHH, “it was found that tire crumbs contained volatile organic hydrocarbons (VOCs) with carcinogenic potential, which could be extracted from the crumbs in the laboratory.”

The study continues: “The relationship between exposures affecting the rubber workers and those experienced by people using athletic fields, or children in playgrounds covered with ground-up rubber tire material is not known, but we do know that many of the same chemicals that rubber workers are exposed to are being released from the ground-up rubber tire crumbs.”

Turf fields have been the source of controversy since their introduction some 50 years ago. Moms Team, “The Trusted Source for Sports Parents,” noted that 900 new synthetic turf fields were installed nation-wide in 2008, now up to 5,000 in 2014. Moms Team provided a list of pros and cons for parents to be aware of. The pros ranged from the elimination of grass pesticides to the cons of toxic run-off caused by wet fields and stormy weather.

Turfgrass Producers International acknowledges that new generation turf potentially poses health-related issues, providing a list of common concerns that many people have when considering the installation of a turf surface and openly promoting a “think-twice” mentality: “As experience has proven time and again, ‘If it seems too good to be true, it probably is,’ is an adage worthy of contemplation when consideration is being given to constructing an artificial turf area.”