Staying Safe Behind the Wheel in Winter: Tips For Safe Driving

With one of the worst winter storms in Illinois history passing through early February, it has become extremely important to practice safe winter driving in order to avoid automobile accidents. Snowy and icy conditions can easily cause your vehicle to skid off-road or into a ditch. Roadway departures have accounted for over 53% of auto accidents in Illinois. In 2009, the Illinois Department of Traffic reported 4,844 traffic accident injuries as a direct result of ice or snow on the roadways. Although these statistics demonstrate that you should completely avoid driving in bad winter weather, this is not always a realistic scenario. Here are a few beneficial tips that will help you handle driving in dangerous winter conditions:

• Decrease your driving speed, stay alert and leave yourself at least a ten second following space in order to maintain a proper stopping distance. Also allow plenty of additional travel time – you should not be in a hurry under hazardous driving conditions.
• Infrequently traveled roads, bridges and overpasses will freeze first due to being exposed or in shaded areas. These roadways may remain icy even in temperatures that are above freezing and can develop black ice. Black ice is a thin layer of ice that resembles a water puddle, but is one of the most slippery road conditions you may encounter.
• If you begin to notice your rear wheels are skidding, immediately take your foot off the accelerator and begin steering in the direction of your skid. For example, if your rear wheels are sliding left, then steer left. If your rear wheels begin sliding the other way as you recover, steer toward that side.
• If your front wheels begin to skid, release the accelerator and shift into neutral. Your wheels will begin to gain traction as they skid sideways, at which point you should steer in the direction you want to go. Then shift back into drive and accelerate slowly.
• When your car starts skidding, anti-lock brakes require that you keep a steady pressure on the brake pedal, which will repeatedly cause your brakes to pulse in order to slow down your vehicle. If your car does not have anti-lock brakes, you must pump your brakes to stop your vehicle.
• Do not attempt to pass a snow plow. Snow plows have a very limited field of vision and will be unable to observe you attempting to pass them. Also, the road conditions in front of a snow plow are likely very dangerous, so it is advisable to stay 15 car lengths behind a snow plow.
• Snow banks greatly impair visibility, especially when you are turning onto a street. Turn slowly and carefully because not only will you be unable to see an oncoming vehicle, but they also cannot see you.
• Keep an eye out for narrow roadways after a snowstorm. A two lane road may become one lane or a half lane depending on where the snow is plowed. Turning lanes may also become unusable, so expect heavy traffic conditions when this occurs.
• Avoid distractions such as talking on your cell phone when driving in dangerous winter conditions. Also, do not text while you are driving in hazardous weather. Texting while driving is now illegal in Illinois as of January 1, 2010.

Keeping these driving tips in mind will greatly decrease your chances of being involved in an automobile accident. In addition to safe driving, you should check your local traffic reports for any hazardous road conditions. Also remember to test that your car is in proper working condition to handle winter elements. It is important to keep maintenance of your vehicle, including the wiper blades, tires, windshield fluid, brakes, etc. However, as stated before, the best advice is to stay off the road during dangerous conditions in order to avoid potential accidents and injury. Remember be safe!

Study Shows That Ilinois Doctors Are Not Fleeing Illinos, As Some Claim

There have been recent media publications in Chicagoland and other parts of Illinois claiming that, based on a recent study of medical students at Northwestern University School of Medicine, physicians are fleeing the state of Illinois. These claims simply are not supported by the evidence, or even the study itself.

Figures from the American Medical Association show that the number of physicians practicing medicine in Illinois has steadily increased over the last 45 years. In fact, 12 out of 13 states surrounding Illinois have a lower per capita rate of physicians than Illinois.

The study referred to was really a survey conducted by the Northwestern University Feinberg School of Medicine, entitled “The 2010 Illinois New Physician Workforce Study.” This study surveyed 561 graduating Illinois medical students about issues that affect their practice decisions. Incidently, this survey was funded by the Illinois Hospital Association and the Illinois State Medical Society Insurance Company. Recent media claims contend that the study showed that 70% of new physicians leaving Illinois did so due to fears of medical malpractice liability in Illinois. In fact, the survey results are that the two primary reasons new physicians are leaving Illinois are: 1) That the Chicago physician market is over-saturated; and 2) Students are leaving the state to return to their home state to live and practice medicine.

Unlike the Chicagoland area, which has an over-saturated physician market, rural areas of the state do have an under supply of physicians. However, in rural areas of the state, there are very few medical malpractice lawsuits. For example, according to the Illinois Jury Verdict Reporter, in Rock Island, Illinois, there have been only 4 medical malpractice jury verdicts over the past 10 years.

Is the cost of professional liability insurance a factor new physician’s consider in choosing where to practice, along with any other costs of doing business? Of course; 35% of students surveyed indicated that malpractice rates had some bearing on their decision where to practice. However, that is far different than claiming that the fear of medical malpractice liability is the primary factor causing physicians to flee the State of Illinois, which never has been and is not now the case.

NEW ILLINOIS RULES OF EVIDENCE EFFECTIVE JANUARY 1, 2011

Chief Justice Fitzgerald Appoints Special Committee

In November of 2008, then Chief Justice Thomas Fitzgerald appointed a Special Committee on Illinois Evidence and charged that committee with codifying Illinois’ Rules of Evidence. The nineteen member Special Committee was chaired by Illinois Appellate Court Justice Donald C. Hudson, and was comprised of leading Illinois jurists, legal scholars, legislative representatives, and distinguished members of the Illinois bar.

Professor Michael H. Graham, the author of a leading Illinois Evidence treatise, acted as the committee’s advisor. The committee’s purpose was to codify existing Illinois evidence law, not change the law. Before the committee began its work, Illinois was one of only six states that had not adopted rules of evidence. Up to this point, the Illinois rules of evidence were scattered throughout case law, statutes, and the Illinois Supreme Court rules. The goal of the two year effort by the Special Committee was to streamline, simplify, and expedite the resolution of evidentiary issues at trial. Further, Justice Fitzgerald believed that adopting a set of rules of evidence in Illinois would provide clarity and predictability during trials, as well as more uniform application of evidentiary rulings throughout the state.

Beginning in November of 2008, the committee held monthly meetings, along with numerous telephone conferences and emails between meetings. After the committee researched, discussed, and debated every rule, the process culminated in a first draft of the IRE in October of 2009, which was prepared by Professor Graham.

The committee then invited public comment, by conducting public hearings and reviewing written comments, which led to modifications of the initial draft of the rules. The revised draft was then submitted with the committee’s recommendation, and adopted by the Illinois Supreme Court on September 27, 2010, to become effective January 1, 2011.

New Illinois Rules of Evidence Patterned after the Federal Rules of Evidence

The structure and organization of the IRE was patterned after the Federal Rules of Evidence. While in many cases the Illinois rules are the same or similar to the Federal rules, the intention of the committee was not to mirror the Federal rules, but rather to codify the existing body of Illinois evidentiary law. The committee decided that it was logical to follow the time-tested organizational structure of the Federal Rules of Evidence, as had all the other forty-four states that had adopted their own state rules of evidence. Just having the Illinois rules follow a familiar and logical organizational structure, makes researching and resolving evidentiary issues more efficient. The new rules apply to both criminal and civil cases, unless the rules state otherwise. However, additional criminal statutes that govern some evidentiary questions are not all included in the new rules.

The new rules can be found at the following website:

www.state.il.us/court/SupremeCourt/Evidence/Evidence.asp

Committee Commentary Essential to Understanding New IRE

The committee chose not to issue commentary on each rule separately. Rather, nine pages of committee commentary can be found at the beginning of the new rules. Review of this commentary is essential to an understanding of the use and application of the IRE.

The committee makes clear in its numbered paragraph (1), that its mission was to incorporate into the IRE “the current law of evidence in Illinois whenever the Illinois Supreme Court or the Illinois Appellate Court had clearly spoken on a principal of evidentiary law within the last 50 or so years”. For example, the IRE retains the Frye standard pertaining to expert opinion evidence, as reflected in IRE 702. The commentary, as well as Rule 101, also make clear that the legislature is free to adopt further rules of evidence, as long as a statute is not in conflict with the new IRE or a Supreme Court decision.

The commentary also explains, in its numbered paragraph (3), that some updating was done as part of its process, which the committee calls “modernization”. The committee comments indicate that in fourteen instances where there was no conflict with either statutes or recent appellate or Illinois Supreme Court decisions, and where the committee determined that a rule was universally or almost universally accepted in other jurisdictions, that updating the Illinois evidentiary law was in order. Those fourteen instances of modernization are set forth in the commentary.

In numbered paragraph (4) of its commentary, the committee recommended a few changes to Illinois evidence law, only two of which were approved by the Illinois Supreme Court: 1) Allowing opinion testimony as a form of reputation testimony, as set forth in Rule 405 and Rule 608; and 2) Eliminating the requirement that a declarant be found unavailable to testify before admitting a prior statement of then existing mental, emotional, or physical condition, as set forth in Rule 803(3).

Interpretation and Effect of the New Rules

Justice Hudson, in speaking at a recent ITLA seminar introducing the new IRE, pointed out that standard rules of statutory interpretation apply to the interpretation of the new IRE. That is, the intent of the rule must first be determined from the plain and ordinary language of the rule, if that can be done. If, however, an ambiguity exists, then it is appropriate to look to the committee comments to determine the drafter’s intent and purpose behind the rule. Since the overall intent of the drafters was to codify existing law, case law that existed prior to the IRE could then become persuasive.

One of the members of the special committee, former Appellate Court Justice, Gino L. DiVito, has published an annotated guide to the new IRE. Justice DiVito’s guide contains a side by side comparison of the new IRE with the Federal Rules of Evidence. The colored coded guide illustrates every difference between the two sets of rules, and also contains extensive annotation and commentary by Justice DiVito. Justice DiVito is continuing to update this comprehensive annotated guide. This is a tremendous resource, which can be found online at Justice DiVito’s law firm website, which is www.tdrlawfirm.com . The Illinois Bar Association, has also published a pocket size edition of the new IRE, which can be purchased for $10 from the ISBA.

While there will obviously continue to be ample debate over the introduction and exclusion of evidence in Illinois, the time and energy devoted (or wasted) on argument over correctly identifying the applicable Illinois evidentiary rule should be greatly reduced. The new IRE should afford the practitioner efficiencies in adequately preparing for evidentiary issues before trial, as well as expediting the resolution of evidentiary issues during trial. The Special Committee performed a tremendous unpaid service to the bench, bar, and citizens of the State of Illinois in creating the new Illinois Rules of Evidence.

The article is also available at http://injurylawattys.com/legal_newitems.html

Hospital's Bottom Line Not Affected by Medical Malpractice

Medical malpractice claims have little effect on an hospital's bottom line. Analysis of verdict data from 2002-2003 showed that noneconomic damages awards against hospitals declined. Hospitals have enjoyed prosperity and have enjoyed record profits, without caps having any impact. In fact, hospitals have said that insurance and investment markets, not tort claims, are the reason for any financial difficulties they may have faced in the past. Hospitals are currently making millions that they are spending. For example, the Rehabilitation Institute of Chicago has purchased a parcel of land for several hundreds of millions of dollars for building a new hospital. Medical malpractice suits are necessary to ensure that injured parties are made whole and hold hospitals and physicians accountable for their negligence.

New Product Recall Website

The U.S. Government has established a website to inform the public when products have been recalled for safety reasons. There are six categories of products: motor vehicles, boats, food, medicine, cosmetics, and environmental products. Many injuries can occur due to such products. Recalls.gov allows the public to search for recalls. The site also provides a list of recent recalls. The website also provides consumers with links to the U.S. Consumer Product Safety Commission.

Slip and Falls Lead to Injuries, Fatalities

When walking into a building, typically, one does not worry about slipping or falling. However, many injuries each year are results of slipping on a wet area in a floor that can be caused by many liquid, including water. Floor conditions and maintenance are very easy for an owner to control and is extremely important. Most major janitorial supply vendors have cleaning and wax products, which can assist in increasing a floor’s slip resistance. However, slips and falls can be fatal. Approximately 8,500 fatalities occur each year due to falls on level or near level surfaces with many of these occurring because of slippery walk surfaces.

American Association of Justice Report Released

With the headlines of today's news full of recalls of many different cars with problems that could result in car accidents, the American Association of Justice has released a new report on how litigation has spurred auto innovations. These innovations have ultimately made cars safer. "Beginning in the 1960s and ranging from gas tanks, side-impact design, air bags, seat belts, and power windows, the civil justice system has worked hand-in-hand with regulation to protect Americans while spurring generations of safety innovations." The report marks the beginning of efforts by the AAJ to defend the American justice system and promote the importance of the current civil justice system. The report also stresses the important work trial attorneys do every day.