April 30, 2011

Eleven Victims in Head-On Chicago Car Accident

ABC Local News reported today on a late-night car crash that has left two dead and injured nine others. The deadly Chicago car accident struck at 3 a.m. on Saturday in the Lawndale neighborhood. Authorities are still piecing together the facts.

Many witnesses explain that the scene remained chaotic for quite some time after the accident. Apparently an 2003 Mazda SUV jammed with eleven people, including the driver, was traveling northbound on South Kostner Ave. For reasons that authorities are trying to determine, the SUV swerved across the center line and began driving directly into oncoming traffic. The SUV eventually hit a Ford Probe head-on.

The filled truck flipped over in the accident, sending several of the passengers who were not buckled hurtling out of the vehicle. Two of the SUV passengers were killed, including a 19 year old man and a woman in her 40s. All of the other nine people in the SUV were rushed to local hospitals in serious to critical condition. The Ford Probe driver was not injured in the crash

One witnesses interviewed after the accident explained, “we just came running down and instantly we saw the baby right here on the ground. We’re just like ‘Oh my god.’ There were people in the car crying, trying to get out.”

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April 28, 2011

Fatal Pedestrian Accident Leads to Likely $1.56 Million Settlement for Family

Virtually all city residents have heard stories of pedestrians who have been hit by cars while traversing the ins and outs of their neighborhood. Like all other cities, Chicago remains a patchwork of moving people and machines throughout the business day. The potential for collision remains high. Sadly, Chicago car accidents involving pedestrians and a variety of moving vehicles on the road is far too high. It is incumbent upon all drivers to exercise reasonable care every moment that they are behind the wheel.

The same deadly consequences of pedestrian accidents exist throughout the country. For example, just last week the San Francisco Examiner reported on a deadly accident and the ensuing lawsuit. It was explained how a likely settlement has been proposed in the case related to a fatal car accident. Last February a 63-year old woman was walking across a street. She was within the clearly delineated crosswalk at the time. Unfortunately, a city employee was driving a public vehicle on the street at the same time, and he did not see the woman in the crosswalk. While speeding, the man ran across the intersection and struck the woman. She died from her injuries.

A car accident was filed by the surviving husband and son of the victim seeking to hold the negligent driver and city responsible for the conduct of their actions. Just recently the city has proposed to settle the case for $1.56 million—it is awaiting approval by the area’s legislative body before being officially offered. Similar settlements have been approved connected to accidents of the same nature. A $2.4 million settlement was reached with a man who suffered a debilitating brain injury following a run-in with a squad car. Similarly, a $1.75 million settlement was given to the family of a woman killed after being hit by a city public works truck. Overall, the city reports that about 22 pedestrians are killed yearly while 800 are injured because of car and truck accidents.

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April 26, 2011

Distracted Driving Continues to Take Lives of Area Victims in Chicago Car Accidents

Chicago car crash lawyers, surviving victims, and many other advocates continue to call for changes to address distracted driving. This week My Fox Chicago published a story on the distracted driving issue. The story highlighted the painfully large number of victims and the ways in which legislation may address the issue to prevent future victims.

Our area recently played host to the Illinois Distracted Driving Summit, an awareness raising gathering that drew a wide range of safe driving advocates. The summit speakers explained how cell phone use remains the most prevalent form of distracted driving. Right now virtually one in four car crashes are caused by one driver whose attention was directed at a phone and not the road. Those reckless drivers who attempt to send a text message while driving are even more likely to be involved in accident.

Many advocates believe that more legislation is needed to curb the dangerous problem.

For example, Ray LaHood, the former Illinois congressman and current U.S. Secretary of Transportation believe that distracted driving is an epidemic needing remedy. Two pieces of legislation being considered by the Illinois General Assembly would call for a two-year study. Yet, most advocates believe that a study will provide little information that is not already known. Less studying and more action is needed.

For example technology already exists that sends cell phone calls directly to voicemail when the phone is in a moving vehicle. Unfortunately the technology cannot yet distinguish between a driver and a passenger. In truth no technology is needed to curb the problem. All drivers maintain the ability to turn off their phone while behind the wheel.

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April 25, 2011

Illinois To Begin Tracking Car Accidents Involving “Dooring” Collisions with Bicycles

Earlier this month we reported on a call being made by road safety advocates to enact changes to the tracking procedures of the Illinois Department of Transportation. Our attorneys often act as the Chicago car accident lawyer for victims of a variety of road crashes—including bicycle collisions.

Under the old rules the state agency charged with tracking road accidents did not include those commonly known as “doorings.” These involve a car door being opened in the path of a bicyclist on the sides of are roadways. These may constitute the most frequent type of bike accidents, and they often lead to serious injury or death. Previously the Illinois Department of Transportation was refusing to tally these accidents in their accident counting, because the cars in these situations are not moving.

However, according to the Chicago Tribune, Illinois Governor Pat Quinn has ordered that the policy be changed. The new rules will take effect immediately and will require police departments to record these "dooring" accidents on traffic crash forums. Advocates are applauding the efforts as a good starting point in helping to eliminate these accidents. It was difficult to understand the problem and seek ways to improve the situation without an accurate report of the problem’s scope. With these changes, the problem will hopefully be alleviated.

Governor Quinn explained his decision by noting that “anyone who rides a bike can tell you that dooring is a serious issue. One of the best ways we can increase public safety is by making sure we’ve got the best and most comprehensive data possible. That’s why we’ve made this change.”

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April 23, 2011

Chicago Man Killed in Pedestrian Accident While Walking Across an Expressway

A deadly Chicago car accident took the life of a 50-year old man yesterday. NBC Chicago News explained the details of the pedestrian accident.

According to reports issued by local authorities, the man was attempting to walk from the right shoulder of the Eisenhower Expressway. As he was crossing the busy highway he was hit by an eastbound Honda. Of course, the size and speed of a moving highway vehicle packs an immense force. Injuries following these sorts of accidents are frequently among the most costly.

The driver of the Honda remained at the scene of the accident until authorities arrived. The crash occurred shortly before 10 p.m., and the man was pronounced dead a half hour later at a nearby hospital. Tragically, the victim in this case was apparently homeless. He had been living in a car on the other side of the expressway.

Of course, walking across a busy expressway filled with speeding cars and trucks is never safe. But, even in other situations, walking travelers are often at risk of deadly run-ins with drivers. It is imperative that all drivers be aware of the possibility of pedestrians darting in front of them at unexpected times. Also, blog readers know that a new law in Illinois requires drivers to stop at all intersections if pedestrians are present, regardless of whether there is a light or stop sign there. Many drivers are still unaware of this law, and police officers continue to ticket those who violate the rule.

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April 21, 2011

Two Killed in Deadly Chicago Car Accident

A Chicago car accident can occur without discrimination in every neighborhood of our city; suburban crashes are just as frequent. Many Chicagoans will at one time or another be involved in a car accident. Far too many of those accidents will involve serious injury and death.

The Chicago Tribune reported on two local residents who recently lost their lives following one of these car accidents. According to reports the Northfield accident struck on Willow Road on Friday evening. A 22-year old woman was travelling east in on the roadway. For unknown reasons her vehicle drifted across the center line and directly in the path of west-bound traffic. Unfortunately, her car ran head-on into a westbound car driven by a 63-year old suburban man.

The impact was devastating. The female driver was pronounced dead at a hospital shortly after the accident. The driver of the other car was in critical condition until the weekend, when he succumbed to his injuries.

Drifting across lanes on roadways such as this remains a problem. When traffic heading in opposite directions at high speeds is separated by nothing more than a painted line on the road, there is a real risk of dangerous collisions.

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April 19, 2011

How Chicago Car Accidents Lawsuits Make Travel Safer

A Chicago car accident lawyer, like many other types of attorneys, is often caricatured as a stuffy man or woman in a suit who uses legal system maneuvering to enrich themselves and their select clients. Of course that unfair portrayal bears little resemblance to reality. In fact, Illinois car accident lawsuits play a key role in saving lives and ensuring improved safety on our city’s roadways.

An op-ed in the Washington Post recently explained the role of car litigation and improved traffic safety. As we have reported on the blog, U.S. traffic deaths dropped to their lowest level in over 60 years last year, even as Americans traveled 21 billion more miles in 2010 than the year before.

What has led to the steady decline over the last decade?

Most experts point to the improved safety of cars as the main factor in that decline. Amazing advancements in car safety have been coupled with more stringent regulations and better consumer information. In short, safer cars are being made and bought more—when accidents strike the damage is minimized now more than ever before.

But that answer begs a second question: what led to investment in safer car technology, improved regulations, and better customer information?

Litigation and the civil justice system played the pivotal role.

Pressure from car accident lawsuits have been consistent and relentless forces over the past several decades pushing car manufacturers to step up and take responsibility for their product. Legal efforts have worked to heighten safety standards, reveal hidden car defects, spur legislative actions to mandate changes, and deter negligent companies from cutting corners at the expense of traveler safety.

One recent example involves the use of dangerous power window switches. Seven children were killed in 2004 when they were strangled by a car window after triggering a power window rocker switch. A much safer alternative existed at little cost to manufacturers. However, no changes were made to most vehicles until 2006, when car accident litigation finally forced companies to accept the need for safety in this area.

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April 17, 2011

Chicago Car Accident Lawyer Shares Information About New Illinois Seatbelt Law

Most local drivers should be well aware of the Illinois law which requires seat-belt use. However, modifications, additions, and alterations to all laws each general assembly cycle, often affect Illinois car accident law. An important job of a Chicago car crash lawyer involves keeping up to date with the legal changes and ensuring client interests are protected as they relate to these new requirements.

For example, the Illinois General Assembly recently passed a new related law to seat belt usage. The measure now added to state code at 624 ILCS 5/12-603 places an additional requirement upon all drivers. Specifically, the measure demands that all drivers properly ensure that vulnerable passengers have their own seatbelts fastened and properly secured. These vulnerable passengers are defined as those who are unable to properly secure themselves—most notably sick, disabled, and elderly individuals.

Of course current child safety belt laws also remain in place. In Illinois these laws require that all children under the age of 8 be properly secured in an appropriate child restraint system.

An important implication of this law, and others like it, is how a court will consider it when involved in Illinois car crash lawsuits. For example, these suits typically involve legal “negligence”—or one driver failing to abide by reasonable standards of care when behind the wheel. A complication often arises when both drivers involved in an accident are negligent to one degree or another. The law has unique ways of handling these “comparative negligence” situations

The new Illinois vehicle safety measure requiring that drivers ensure vulnerable passengers are properly buckled is specifically listed in the bill as not evidence of negligence. What this means is that a party to a lawsuit will be unlikely to use the new law in an effort to make the claim that both drivers were negligent trying to trigger the “comparative negligence” analysis.

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April 15, 2011

Chicago Tollway Accident Takes Life of Local Man

Blog readers likely have noticed that a common trend in local car accident reports is that they frequently occur in areas of the road where traffic slows. This is particularly true on highways. Of course, many drivers have experienced the feeling of cruising along a highway at a particular speed only to be forced to slow suddenly. The cause of the forced slow zone often include rush hour build-up, back up from a previous accident, or set points like toll areas.

The Chicago Sun-Times reported yesterday on an Illinois car accident that fit that common model—strking in an area toll zone. A 42-year old man was driving a Dodge van southbound on Route 60 near a toll gate. He was in the left lane—usually reserved for faster cars or passing cars. However, the man suddenly came upon a Tollway emergency vehicle that was stopped in his lane. The man was unable to slow down in time and instead slammed into the vehicle.

The van driver was taken to a local hospital, but did not survive the crash. Two men in the emergency vehicle suffered minor injuries but are expected to recover.

The emergency vehicle was actually in the area to respond to a previous minor accident near the same toll both involving a semi-trailer. In that way, the situation involved two common factors in so many local car accidents—a toll zone and a previous accident.

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April 12, 2011

Illinois Man Killed in Motorcycle Collision

The Effingham Daily News reported on the tragic death of a local man following a motorcycle accident. The crash occurred in the southern Illinois county of Effingham, at the US 45 and Dutch Lane intersection.

The Illinois State Police provided more information on the deadly Illinois motorcycle crash. They indicate that a man was driving a pick-up truck westbound on Dutch Lane. He stopped at the intersection with Route 45 and then proceeded across the highway. Unfortunately he did not see the motorcycle being driven by a 31 year old Flora man that was traveling on Route 45 at the same time. A female passenger was also on the motorcycle.

Both victims were ejected from the bike upon the impact with the pick-up, as is prone to happen in these sorts of accidents. They were taken to a nearby hospital where the driver of the motorcycle was pronounced dead. The passenger suffered serious injuries and remains in critical condition at the facility.

Local police cited the pick-up truck driver for failure to yield at the intersection. The motorcycle had the right of way at the time of the crash.

The accident caused traffic to build up along Route 45. While emergency crews were working on the motorcycle accident, another crash occurred in the line of built up traffic. A vehicle failed to slow down in time when approaching the accident site and rear-ended the car in front of it. The driver of the rear-ended car suffered injuries in the secondary crash and was transported to a hospital. The negligent driver was cited for failure to reduce speed.

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April 11, 2011

Driver in Chicago DUI Crash Sentenced to Six Years

Nothing new can be said about the incredible recklessness and danger of getting behind the wheel of a vehicle while intoxicated. The risk to oneself and others is far too high to ever entertain the idea. That risk includes both physical harm and criminal sanctions.

The Chicago Sun-Times reported last week on one local driver who was sentenced to six years in prison following a late 2009 car accident that ended the life of a 29-year old man. The Chicago car crash struck on Interstate 55 in December of 2009.

The aggressive driver watched a Chicago Blackhawks hockey game at the West End bar on Madison Street before the accident. Following the game he left the bar and started driving home. He began speeding on the highway, traveling over 80 miles per hour before losing control of the car. He eventually hit the median and flew into the opposite lanes of traffic. His car slammed head-on into the victim who was traveling home after working at his second job. The victim was rushed to a local hospital after being pulled from the considerable wreckage. However, there was little that medical professionals could do, and he died less than an hour after the crash.

Local authorities noticed that the negligent driver appeared drunk at the scene of the crash. The man refused a Breathalyzer. However, a test taken at the emergency room revealed a blood alcohol level three times the legal limit.

He was initially charged with reckless homicide and aggravated DUI. He eventually pled guilty to the aggravated DUI charge. A judge last week ordered that he be sentenced to six years in prison for his conduct.

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April 9, 2011

Criminal Charges Filed in Deadly Illinois Car Accident

The Kane County Chronicle reported over the weekend on criminal charges that have been filed against a negligent area driver. The reckless driving prosecutions stem from a Chicago car accident that struck in late February that killed two people.

The victims were riding in their car on Peace Road in Maple Park around 5:30 in the afternoon. The negligent driver was traveling north on Main street, an avenue that intersects Peace Road. Unfortunately, when the two cars reached the intersection, they collided. The reckless driver’s car slammed into the driver’s side of the second vehicle, sending the car careening off the road. Both the driver and passenger were killed in the wreck.

Police have charged the surviving driver with criminal reckless driving because of the extremely aggressive way in which she handled her vehicle. She did not possess the right of way at the intersection. An investigation also indicated that she was traveling far too fast for the conditions at the time.

Of course, besides criminal charges, all victims of these sorts of accidents and their families have the option of contacting an attorney and filing an Illinois wrongful death lawsuit. These car accident lawsuits seek to compensate the victims for the specific suffering they incurred as a result of the mistakes of their fellow drivers. The law is clear in providing this remedy to surviving victims. It would be illogical for a negligent driver to get “off the hook” because their victim died in an accident. Consequently surviving family members can pursue claims of the deceased’s behalf.

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April 7, 2011

Melrose Park Man Killed in Fatal Chicago Car Accident

The Chicago Tribune shared the story of a tragic local car crash that took the life of an area resident.

The 69-year old victim was driving his 1987 Oldsmobile last week around 6:30 in the morning. He was headed east on North Avenue just as a second car, driven by a 23-year old woman, was turning onto North from 22nd Avenue. The two cars collided. The right front corner of the Oldsmobile smashed into the center and passenger side of the second vehicle.

The Chicago car accident caused injuries to both drivers. The victim was rushed to a local hospital. Medical professionals were initially able to stabilize him, but his condition never improved as necessary. He was pronounced dead yesterday morning at the hospital. An autopsy has shown that his death was primarily caused by the car crash injury. A previous heart condition made the man particularly susceptible to complications from the crash.

Many accidents like this often spur Illinois wrongful death lawsuits. The common law generally applies a concept known as the “Eggshell Plaintiff” rule. It holds that a negligent individual may be held liable for the consequences of her actions even if a victim was someone particularly vulnerable to suffering injury. For example, in cases like this, the fact that the victim was an elderly man who suffered injuries that someone with a healthier heart would not have is likely of no consequence. The man’s vulnerability rarely diminishes the liability of one who negligently harms him.

The tortfeasor (person who is negligent) must take the plaintiff as he or she finds them. It is no defense to say that you didn’t realize the victim happened to be more susceptible to injury than the majority of community members.

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April 5, 2011

Improved Safety Sends National Car Accident Fatality Rates Plummeting

The Chicago based National Highway Traffic Safety Administration released encouraging new data recently that shows a steady decrease in the total number of deaths on American roadways last year. Reporting on the new data in the Globe and Mail explains how car crash deaths in the United States has reached its lowest level since 1949—totalling 32,788 in 2010. This trend also holds at the state specific levels with a decreased likelihood of suffering an Illinois car crash death than in the past.

The importance of the drop is even more vividly demonstrated when compared to miles driven each year as American now drive 800% more miles a year than 60 years ago.

A spokesman for the Traffic Safety Administration explains that the group has “worked very hard over the years in educating the public and working with both Congress and the states to enact laws that help keep our roads safer.”

The group went onto explain that the most important innovations that have led to the decrease are improved car seats for children an crumple-zones—both which help to limit damage when accident do strike. In other words, the statements suggest that many car crashes still occur, but the damage caused has been lessened with certain technology innovations.

However, that good news must be tempered by a new problem on the roadways, increased driver distraction. The spokesman highlights the contradiction by noting that “while technology has helped reduce fatalities, there are advances in technology that have led to other problems on our roadways—such as talking on phones and texting while driving.”

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April 3, 2011

Advocates Calling For Better Tracking of Illinois Bicycle Accidents

The Chicago Tribune reported this week on a debate about bike safety being waged by local bicyclists and state officials. Local laws recently changed to improve bike safety on city streets, and advocates are hoping that the state will keep track of certain Illinois bike accidents. However, the Illinois Department of Transportation is refusing the honor the request.

Specifically, bike advocates are hoping that “dooring” accidents will be measured. These crashes involve a car door being opened in the path of a bicyclist. Many serious injuries and even death have resulted from these sorts of crashes in the past several years. But, these bike accidents will not be measured by IDOT, because the vehicles involved in these crashes are not moving.

An informal survey conducted by a bike advocacy group argues that more than half of all respondents have been involved in a “dooring” accident at least once. No formal polling or research has been conducted, however. As a result of the data void, it is difficult to apply for federal and state safety grants to address the problem. It is for that reason that advocates requested that IDOT report on these accidents.

Following IDOT’s denial, many bicyclists are pursuing state legislation which would mandate the reporting.

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April 1, 2011

Drunk Driver Charged with Crime And In Wrongful Death Lawsuit

A local village clerk plead not guilty this week to charges stemming from a deadly car accident involving drunk driving. Blog readers are aware of the crash which struck in early February.

The man remains free after posting 10% of a $250,000 bond—a common occurrence in accidents of these kinds. The defendant was still recovering from his own injuries resulting from the accidents for which is charged with aggravated driving under the influence and reckless homicide.

According to the Northwest Indiana Times, the Chicago car crash occurred in the southbound lanes of Illinois Route 394. Reports indicate that the village clerk was in a city owned vehicle when he crashed head-on which another vehicle. The second vehicle was overturned in the center median, killing one of the passengers. The clerk’s car then hit a third vehicle, severely injuring that car’s driver.

The family of the victim has filed a Chicago wrongful death lawsuit against the negligent driver and the village which owned the vehicle. The Chicago car crash suit is in its initial stages and has yet to work its way into court.

Drunk driver remains a problem of troubling proportions. The statistics are always sobering. Last year over 250 Illinoisans were killed in alcohol-related crashes. Nationwide around 11,000 people die yearly because of drunk drivers. Over 1/3 of all car crashes have alcohol-impaired driving as a cause.

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