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On the surface, ridesharing services appear to be a less costly and more efficient method of transportation. However, there exist many dangers beneath the glossy facade of convenience and cost savings. As these services grow in popularity throughout Illinois, consumers who use these services may be placing themselves at considerable risk of personal injury.
Uber and Lyft are the largest of all the ridesharing companies, and while they are well-known, what is not well-known is just how minimal the requirements are for their drivers. These companies essentially hire “warm bodies”who are not required to undergo advanced safety training.These drivers are also not subject to drug/alcohol testing, but as of last year, they are required to obtain a chauffeur’s license and renew this on an annual basis.
Each time a passenger enters one of these vehicles, they place their safety into the hands of an individual whose primary goal is usually to make a buck, not transport their passenger safely to the destination.
Liability for an injury accident may be assigned to either the driver or the company they work for, i.e. Uber, Lyft, etc. Illinois courts view each as having the same duty of car that of normalized taxi services. In addition to filing claims against these entities, injured passengers may also file claims against the individual’s private insurance company.
In addition to accident injuries, consumers who use Uber and Lyft are at considerable risk of suffering physical or sexual assault. A search of Uber’s internal data indicates at least 6,000 complaints of sexual assault and many more of physical altercations. In situations where a driver’s behavior or actions lead to personal injuries, both the company the driver works for and the driver may be held liable for the cost of medical care, physical therapy, counseling, pain and suffering, etc.
It is crucial to carefully document and report any personal injuries that occur while using a ridesharing service. Passengers should start by dialing “311” and filing a complaint against the driver to document the problem.
Individuals who are injured by a ridesharing service should also take photographs of the accident and their injuries. It is crucial that they also gather eyewitness contact information before leaving the scene of the accident. This information can be compiled and prepared by a personal injury attorney for use during trial.
Parking lot accidents caused by distracted drivers account for one in five collisions. Drivers checking cell phones for missed calls, messages and social media updates commonly lead to personal injury claims with an injury lawyer.
According to the National Safety Council, two out of three drivers pulling into parking lots, parking garages and shopping centers are distracted, causing numerous accidents and injuries while in these locations. Cell phones are the leading culprit for parking lot collisions. Drivers commonly make calls and check for missed calls, messages and social media updates while pulling into a parking lot or parking the car. Since drivers are typically going under 10 miles per hour in parking lot areas, there’s a false sense of security that cell phone use is safe. However, accident statistics seen by an injury lawyer show that parking lot collisions often have deadly consequences.
The National Safety Council estimates that each year approximately 60,000 people are injured and 500 more are killed in parking lot accidents in the United States. Studies show that when drivers are going 5 to 10 mph in a parking lot, they often have their heads down and are not paying attention to what’s in front of them. This puts other drivers, as well as pedestrians, at a high risk for serious injuries. In 2016, parking lot video cameras captured images of a young mother pushing her baby in a stroller across a busy laundry mat parking lot when a distracted driver struck them, killing the mother. In another incident, video showed a distracted driver on a cell phone slamming into nine cars before coming to a stop after losing control at the wheel.
Distracted drivers in parking lots cause serious accidents and injuries, especially during holidays and peak shopping hours when cars and pedestrians are at a maximum. Unfortunately, National Safety Council surveys show that 66 percent of drivers say they are comfortable making cell phone calls while driving in a parking lot, and 50 percent say they are comfortable texting. Most drivers surveyed said they would have no problem with checking cell phone messages and social media accounts or sending emails, taking pictures and watching videos while driving at slow speeds. These concerning findings raise questions for drivers and injury lawyers about the need for more parking lot safety measures and local safety laws to prevent parking lot accidents and injuries.
Jumping on trampolines is a popular summertime activity that sends hundreds of thousands of people to the hospital each year. From 2010 to 2014, the number of trampoline related injuries increased more than 1000% due in large part to the proliferation of trampoline parks across the country.
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The most common trampoline related injuries are broken bones, concussions, head and neck injuries, bruises, and sprains/strains.
Many of these injuries are the result of users bumping into one another while they jump. It is estimated that up to 20% of spinal cord injuries and 75% of all injuries occur in this manner.
From 2002 to 2011, nearly 1 million people were treated in emergency rooms and hospitals for trampoline related injuries. Nearly 300,000 of these involved broken bones.
Younger children and teenagers are at greatest risk for suffering bone fractures. Nationwide, 93% of fractures occur to children under the age of 16.
Based on hospital data, one in every 200 injuries, mostly caused by falling off the trampoline, will result in permanent neurological damage.
There are hundreds of trampoline parks in the United States and it is estimated that six new parks open every month. In 2010, 580 children were injured on trampolines operated by trampoline parks. By 2014, that number had risen to over 7,000.
Nationwide, it is estimated that approximately 100,000 children will visit emergency rooms this year for trampoline related injuries. Of these, it is estimated that nearly 1 in 10 will receive their injuries while jumping at a trampoline park.
Responsible parties for a trampoline related injury can include:
Parents of children who have been injured on a trampoline should consult with a personal injury attorney to determine their options. Depending on the circumstances, they may be eligible to file a claim for premises liability, product liability, or negligence.
Improperly conducted internal medical treatments pose an immediate and potentially lethal threat to a patient’s health. Claims filed by Chicago medical malpractice lawyers are often a combination of bad medicine, poor training, and failure to adhere to protocols.
In 2015, the Institute of Medicine estimated that nearly 12 million diagnostic errors take place every year. Based on the number of people who seek outpatient care, that means that 1 in 20 adults who seek treatment will walk away with the wrong diagnosis. It is estimated that nearly 10% of patient fatalities, and 17% of adverse events within hospitals are caused by diagnostic errors. These occur because of poor communication, lackadaisical testing procedures, and delays in properly diagnosing and treating underlying medical conditions.
Nearly 39% of all internal medical malpractice claims stem from misdiagnosing medical conditions. Over 56% of these claims show inadequate patient assessment that can delay further testing and the administration of appropriate treatment plans.
The FDA estimates that nearly 7,000 people die each year due to medication errors. It is estimated that medication errors affect more than 1.5 million patients every year. These errors include prescribing the wrong medication, prescribing an excessive dosage, and failing to take into account interactions with other drugs a patient is prescribed. Mistakes with medication are among the most deadliest types of internal medicine errors. They are especially lethal in regard to insulin, anticoagulants, and sedatives. Errors with these medications can lead to heart attacks, internal hemorrhaging, respiratory failure, and loss of brain function.
Improper dosage and application of anesthesia is a significant contributor to the rates of medication errors. Errors in the administration of anesthesia can cause severe brain damage or death. These errors can include providing too much anesthetic or improperly monitoring a patient’s vital signs before, during, and following surgery. In some cases, the error may be caused by the use of defective medical equipment.
No surgery is minor and improperly conducted surgical procedures can have a devastating impact on patient health and safety. Each year, nearly 27 million surgeries are conducted in the United States. Of these, it is estimated that 1 in 100,000 will result in a “wrong-site” surgery where the surgeon will operate on the wrong arm, leg, organ, or even patient. It is further estimated that surgeons or perioperative nurses will leave sponges or other surgical tools inside a patient in 1 of every 10,000 surgeries.
These errors can have a significantly detrimental impact on patient health. At the very least, in the event of a wrong site surgery, patients will have to undergo a second surgery to correct the original health problem. This will delay their recovery time considerably, and the wrong surgery may create considerable complications for care. Should a surgical team leave tools or debris within the patient’s body, it can quickly cause sepsis and other infections that can threaten the patient’s life.
Americans are exposed to ionizing radiation on a regular basis. Dental x-rays, mammograms, etc. are not without risk. When an x-ray machine malfunction or patients are exposed to too many tests, the results can be lethal. Each exposure to ionizing radiation increases the possibility that the patient will develop cancer. If a patient experiences significant exposure during a single test, this cancer may develop and spread rapidly throughout the body.
In 2013, the FDA ordered recalls on 63 high-risk medical devices. This was an increase of 350% over the previous five years. Most of these devices were recalled due to defects in manufacturing that could endanger patient health and safety. Of the devices that were recalled, 29% malfunctioned during use.
Alarmingly, the high recall rate can be attributed to the FDA’s 510(k) program which allows manufacturers to market devices to physicians without adequately testing them. In fact, 71% of high-risk devices brought to market via this program and used by physicians have been recalled. These devices include knee and hip replacements, transvaginal mesh, IUD’s, and bone grafts,
When devices used in internal medicine malfunction they can cause internal bleeding, infection, and excessive wear on bone structures. These injuries can severely impact a patient’s health and quality of life. If uncorrected, they can cause permanent damage, loss of fertility, and even death.
Medical malpractice lawyers in Chicago can help patients recover damages caused from these types of bad internal medicine. Each year, millions of patients in American hospitals and outpatient care facilities receive inadequate, improper, and ineffective treatment. Patients who have suffered at the hands of their internal medicine provider should thoroughly document their treatment and any adverse events they have experienced. This information can be used to build a complete picture showing the causes and effects the treatment has had on their lives.
