FDA Examining Blue Bell Ice Cream For Alleged Listeria Outbreak

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The Washington Post reported this week the Federal Food and Drug Administration is investigating a listeria outbreak in Kansas that may have been caused by Blue Bell ice cream products. Three (3) people have died from the listeria, and a total of five (5) have gotten sick between January 2014 and January 2015. Officials also detected three of those strains in a Texas Blue Bell production plant, where the company is based. Health departments in South Carolina and Texas also found listeria in certain Blue Bell products.

According to the FDA, Listeria is the name of a bacteria found in soil and water and some animals, including poultry and cattle. It can be present in raw milk and foods made from raw milk. Listeria is unlike many other germs because it can grow even in the cold temperature of the refrigerator. Listeria is killed by cooking and pasteurization. Listeriosis, an infection caused by Listeria, can pose major risks for certain populations. Namely, pregnant women, older adults, and individuals with weakened immune systems are at greater risk.

Blue Bell Creameries announced it recalled the affected products and had them removed from store shelves. “One of our machines produced a limited amount of frozen snacks with a potential listeria problem.”

Blue Bell’s cup, pint and half-gallon products are not affected by this current outbreak. The FDA has warned consumers not to eat any of these products:

  • Chocolate Chip Country Cookie
  • Great Divide Bar
  • Sour Pop Green Apple Bar
  • Cotton Candy Bar
  • Scoops
  • Vanilla Stick Slices
  • Almond Bars
  • 6 pack Cotton Candy Bars
  • 6 pack Sour Pop Green Apple Bars
  • 12 pack No Sugar Added Mooo Bar

This is obviously a scary situation for people who may have been affected by this product. There is the potential that the families of those who have died could have a wrongful death lawsuit against Blue Bell if they can prove that the listeria bacteria came from their plant and made these people sick. This type of wrongful death lawsuit would be filed as a product liability case as the company is alleged to have put a dangerous or defective product into the stream of commerce. I have not seen any news of lawsuits that were filed against Blue Bell for this outbreak of listeria.

If you or someone you love has been injured from a defective or dangerous product or has a Chicago wrongful death case, then contact Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.

NHTSA To Focus On Drowsy Driving Prevention

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The Nation Highway Traffic Safety Administration (“NHTSA”) has focused its’ mission in recent years on preventing distracted driving. Multiple campaigns have been introduced to discourage and fight the use of phones while driving. The administration recently announced that, an issue often ignored, is drowsy driving and is an additional issue it would like to combat.

Mark Rosekind, head of the National Highway Traffic Safety Administration recently stated: “While not everybody drinks or texts or speeds, lack of sleep is a problem we all face. And falling asleep at the wheel at 70 mph is a recipe for tragedy.”

The NHTSA admits that there is a lack of research and information about lack of sleep and driving. Though Rosekind did report that he estimates that anywhere from 2 percent to 20 percent of annual traffic deaths were caused by driver drowsiness or fatigue.  But more recent research by the National Transportation Safety Board indicates that up to 1.2 million car crashes are related to drowsy driving and claim 4,000 to 7,000 lives a year, he said.

Part of the campaign will include specific research regarding drowsy driving and exactly how many traffic accidents are caused by lack of sleep. They also plan on researching what specific law are in effect that penalize sleepy drivers. There are a few laws in effect in Arkansas and New Jersey.

I look forward to seeing the results of the research and what exactly they propose to prevent drowsy driving. The obvious answer would be enacting laws that punish people who are driving on a lack of sleep that cause a car accident, especially where the other party is injured. This could be similar to what we have seen regarding distracted driving over the past five (5) years and what we have seen in drinking and driving laws over the last thirty (30) years.

If you or someone you love has been seriously injured in a Chicago car accident or Chicago truck accident, the call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-614-1076.

No Injuries Reported After Bricks Fall From Loop Building

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Several Chicago news outlets reported this morning that several bricks fell from a downtown loop high rise at the 200 block of West Van Buren. Building inspectors have been notified.

Thankfully no one was hurt from this incident. I bring this up because several months back a woman lost her life when she was struck by a gargoyle that fell from a Presbyterian church in the South loop. That church had failed multiple inspections in the past, including for unstable structures at the top of the building.  The church failed annual inspections twice in 2011; and in 2010, 2009 and 2007, according to records from the buildings department.

One of the citations from the last failed inspection included “failing to maintain exterior walls of a building or structure free from holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the walls.”

It is important for the inspectors in this building that had falling objects this morning to locate the issue and hold the building’s owners accountable to ensure that the proper corrections are made. This includes all unstable or potentially unstable objects to be secured properly. This was not done by the church in the South loop last year and it cost a family to lose their mother. The odds of someone being struck by an object are minute but it can happen as it did in the South loop last year, and all possible precautions should be taken.  In that case the the church is facing a wrongful death claim on behalf of the woman’s surviving children,  alleging that they did not properly secure objects which were known to be unstable.

If you or someone you love has been seriously injured in a Chicago premises accident or Chicago construction accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.

Wisconsin Woman Accused Of Using Facebook At Time Of Car Crash That Killed 3

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The Chicago Tribune reported last month that the driver of who was involved in a car crash that killed three (3) children may have been chatting on Facebook with her phone right before the accident.

Cellphone records show that the driver was sending and receiving Facebook chat messages just before the crash, Pierce County investigators allege.  Authorities believe driver inattention contributed to the Dec. 12, 2013, car crash on Wisconsin Highway 35 near Prescott.

The woman’s SUV collided with a truck after she apparently lost control on a curve. The woman’s 11 year old daughter and two 5 year old nieces died from injuries in the car crash. The truck driver and his two (2) passengers were not injured in the accident.

I have not written about distracted driving in quite some time but this is still a pervasive problem in this country. Studies have shown that texting or emailing while driving can be just as dangerous as drinking and driving. A lack of focus for a second or two is all it takes for a car accident to occur. Texting and driving has been banned in Illinois but questions remain as to whether penalties a harsh enough. I believe if it is found that the texting was the cause of an accident, and there was an injured party, then there needs to be tougher penalties. I believe that texting and driving that causes an injury should be treated the same as a DUI, which is a Class A misdemeanor in Illinois. Class A misdemeanors in Illinois can be punishable up to a year in jail.

If you or someone you love has been injured in Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.

Rahm Emanuel Orders Removal Of 50 Red Light Cameras

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After writing over the weekend that the Chicago mayor and city council should remove red light cameras, it was announced yesterday by multiple media outlets that the city would be removing fifty (50) red light cameras.

Red light cameras will be removed at the following locations:

• Ashland and 47th
• Ashland and 63rd
• Ashland and Archer
• Ashland and Diversey
• Ashland and Garfield
• California and 31st
• Central and Madison
• Cicero and Stevenson Expressway
• Cornell and 57th
• Cottage Grove and 95th
• Damen and Blue Island
• Elston and Foster
• Halsted and 63rd
• Halsted and 83rd
• Harlem and Northwest Highway
• Jeffrey and 79th
• Kimball, McCormick and Lincoln
• Narragansett, 55th and Archer
• Osceola and Touhy
• Pulaski and Montrose
• Stony Island and 83rd
• Vincennes and 111th
• Western Ave and 51st
• Western, Armitage and Milwaukee
• Western and Pratt

According to the mayor’s office the removals come as a result of a review of crash data performed by CDOT. Regardless, Mayor Emanuel is not backing down from his overall stance on red light cameras. “Red light cameras help reduce the most dangerous (car) crashes and allow police officers to concentrate on fighting crime, not writing traffic violations, and public trust is vital for this program to be effective,” said Mayor Emanuel.

I believe this is a positive first step regarding driver and pedestrian safety within busy Chicago intersections. If these cameras are viewed to have no net safety impact, then there is no reason to leave cameras in these intersections. I continue to believe that all the red light cameras should be removed because studies have shown that they can make intersections more dangerous. Regardless, I applaud the mayor for taking this initial step.

If you or someone you love has been injured in a Chicago car accident or Chicago truck crash, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation.

Chicago Sun Times Publishes Editorial On Traffic Cameras

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The Chicago Sun-Times published an editorial yesterday stating that red light and speed cameras should only be used if they make our streets safer. “If red-light and speed cameras don’t have the trust of law-abiding motorists, the program is not being administered properly. Whoever is the next mayor should ensure Chicago streets are as safe – and as fair to motorists – as possible.”

I think we all agree with what the Sun-Times staff has pontificated. If red light cameras and speeder cameras save lives, then they should remain intact. If not, then they should be removed.  The problem with the editorial and with the red light cameras is that they do not actually make our streets safer for both drivers and pedestrians. The Chicago Tribune study that I have discussed over and over concluded there is a zero net impact on the red light cameras. T-bone car crashes are down but rear-end traffic accidents actually increased 22% since the cameras have been installed. If we believe the study to be true, then red light cameras should be removed. They are not preventing auto accidents overall and are not making our intersections safer.

On the other hand, speeder cameras are still fairly new. Mayor Emanuel installed them within the last two years and I have to see any data or studies as to their net effect on public safety. On their face, speeder cameras make sense. Why shouldn’t the city do what they can to prevent speeders from barreling through school zone and city park areas? But if there is no overall decrease in car accidents and pedestrian accidents, then I believe it should be questioned whether the speeder cameras should remain.

If you or someone you love has been seriously injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-614-1076.

Jaguar’s New Technology Aimed At Protecting Bicyclists

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Autoweek.com published an article last month discussing Jaguar’s new “bike sense” technology, which is aimed at protecting bicyclists and Jaguar drivers from being involved in traffic accidents.

Bike Sense system uses sensors on the car to detect approaching bicycles and motorcycles, and alert the driver with sights and sounds that the driver instinctively associates with those two types of vehicles. So if a bicycle is approaching from the rear right side of the car, the audio system in the car will generate a bicycle bell sound from one of the speakers inside the cabin, in same direction as the approaching bicycle. The system will also be able to monitor the speed of approaching bicycles and motorcycles, and the top of the driver’s seat will extend to tap the driver on the right or left shoulder.

In addition to warning the driver by sound and by touch, Bike Sense will also use a matrix of LED light built into the window sills, the dash, and windscreen pillars, with lights glowing amber and switching to red as a bicycle approaches.  Bike Sense will also be able to detect pedestrians crossing the road in front of a moving car who are obscured by other objects.

This technology is still in testing stages but could be installed in Jaguar vehicles by the end of the decade. This is incredible technology in my mind. It is especially relevant in big cities such as Chicago that are bicycle friendly. There are always safety concerns for pedestrians and bicyclists in Chicago and Mayor Emanuel has done a solid job of promoting safety initiatives such has safer crosswalks with stop signs and designated bike lanes. Technology like “Bike Sense,” if developed by other car makers, could make a huge difference in the safety for both pedestrians and bicyclists in big cities like Chicago.

If you or someone you love has been injured in a Chicago bicycle accident or Chicago auto pedestrian accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation.

Will Red Light Cameras Affect The Chicago Mayoral Race?

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The primary for Chicago’s mayoral race takes place tomorrow. There are a myriad of the usual issues that the candidates have debated such as the closing of schools and crime rates on the south side. Once issue that keeps popping up are red light cameras.

An article from Reuters published last week discussed why this is such a hot button issue. Three of Rahm Emanuel’s challengers have a called for the end of red light cameras. According to a

Chicago Tribune poll three out of four people want to see the end of these cameras. Despite public outcry, Emanuel has continued to support red light cameras. He has continuously touted that these cameras are necessary for public safety purposes.

The cameras, which have brought in a reported $500 million to the city since 2003, do not necessarily make intersections safer. A Texas A&M study, which I have written about multiple times, concluded that there was no net safety benefit to the cameras. T-bone car accidents have declined in these intersections but rear-end traffic accidents have actually increased according to the study. So what is the benefit other than money to the city?

It will be interesting to see the results tomorrow and also if we can learn whether Emanuel’s stance on red light cameras will affect the outcome of the election. Is it an issue that will push one of the challengers over the top and force Emanuel to a runoff in May? I am thinking probably not despite the polling from the Tribune. If anything will help one of the challengers tomorrow it will be on the issue something like school closings or a potential teachers strike. We’ll find out tomorrow night.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076

How Much Will A Car Crash Affect Your Insurance Rates In Illinois?

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The Chicago Tribune posted an interesting article last month about the effects that car accidents can have on car insurance premiums in Illinois.

According to a study by Insurancequotes.com, if a 45-year-old married woman in Illinois with a perfect driving record and excellent credit has just one car accident where she is at fault, a claim of $2,000 or more will increase her health insurance rates 35 percent.

What happens if this person is involved in a second auto accident in the same year? She’d pay 104 percent more for car insurance than a claim-free driver. If you aren’t covered by any insurance, don’t wait to get covered by any auto insurance.

The insurance quote company hired Quadrant Information Services to conduct the study, which looked at six large carriers in all 50 states and the District of Columbia. It assumed a $2,000 claim and policy limits of $100,000 for injury liability for one person, $300,000 for all injuries and a $500 deductible on collision and comprehensive coverage.

Some states are worse than others according to this study. In Massachusetts, someone who’s at-fault auto accident there increases premiums by 76 percent versus the national average of 41 percent.  In California filing a bodily injury claim in that state will drive up insurance costs 86 percent.

Injuries are by far the most costly of claims for insurance companies because hospitals and treating physicians are much more expensive than auto body shops. The average bodily injury claim cost $15,443 in 2013 versus the average property damage claim of $3,231.

Also, important to point out is if the traffic accident is the other drivers fault, their insurance kicks in and should not affect your rates. If there’s any disputes regarding who’s at fault, make sure to seek legal assistance from an auto accidents attorney.

Regardless, it is important to drive carefully, obviously for your health and the health of others. But, as this study points out, it’s also important to drive safely for your pocketbook.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation.

Could The City Of Chicago Face Liability In Fatal Lincoln Park Car Crash?

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Multiple news outlets, including the Chicago Tribune and DNAinfo.com, reported last month about a car crash on Lake Shore Drive where a vehicle lost control and skidded into the rowing lagoon just south of Diversey Harbor in Lincoln Park. The driver of the vehicle, Rafael Rodriguez, survived the auto accident but the passenger, Claudia Beruben, was pronounced dead later that night.

This is a very sad case as it was reported that Ms. Beruben left behind a three year old daughter. In a case like this a wrongful death lawsuit could be made by the Ms. Beruben’s estate to provide compensation for her child. The first, and most obvious, defendant in this case would be Mr. Rodriguez. He has already been charged with felony DUI, reckless driving and speeding as it is alleged that he was driving 90 mph on Lake Shore drive, weaving in and out of traffic and had a blood alcohol content double the legal limit. Negligence will be alleged on this count and should easily prevail. Mr. Rodriguez, based on news reports, was not driving as a reasonable person should in that situation.

The second, and more important question, that Ms. Beruben’s car accident lawyer must ask, is whether the city’s actions (or lack of actions) could have prevented her death. News reports have stated that the guard rail was missing in the area where Mr. Rodriguez skid into the lagoon. Apparently it had been removed for repairs following a different accident. There are difficulties involved with suing a government entity. One cannot sue the city of Chicago for simple negligence due to tort immunities. In order for Ms. Beruben’s estate to prevail against the city would be to show that they behaved in a willful and wanton manor by failing to have the guardrail replaced. Willful and wanton is a higher standard than negligence but it does not necessarily mean that the act has to be intentional. Willful and wanton can involve reckless indifference or a conscience disregard for the safety for others. So the attorney’s for Ms. Beruben’s estate must investigate the exact circumstances for the missing guard rail and why it had not been replaced. Was it missing for days? For weeks? This appears to be a precarious location of Lake Shore Drive to have a missing guard rail, and something that should have been replaced immediately even if it required something temporary. If attorneys can provide enough evidence that the city should have replaced this guard rail sooner, then they could convince a jury that the cities actions were willful and wanton and should be liable, or at least partially liable, for the death of Ms. Beruben.

If you or someone you love has been seriously injured in a Chicago car accident or has a Chicago wrongful death claim, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation.