Chicago Injury Lawyer Blog

Did seatbelts save family of five? Two dead and five seriously injured in fatal head-on wrong way accident, in West Virginia.

Mon, 19 Mar 2012 10:55:19 -0600

As an experienced Chicago personal injury law firm, we recognize that with warm weather and Spring Break fast approaching, families across the US will be packing up and traveling the highways to visit a favorite destination. Many are planning a week of relaxation and fun with family and friends.

The Dudan family of North Carolina was planning on doing just that. They were driving on Interstate I-64 on their way from North Carolina to Chicago, when the families SUV was hit head-on by a truck traveling in the wrong direction. The Dudans were traveling with their three children, Alena, 3, Jacob, 7 and Casey, 9. According to police, all five members of the family were wearing seatbelts. This safety device saved their lives!

The two occupants in the truck were pronounced dead at the scene. They were identified as Derrick Williams, 27, of Gallipolis, Ohio, and Andy Withrow, 29, of Albany, Ohio. All five Dudan family members' were hospitalized. Two of the family members remain in critical condition with serious injuries. According to police, the driver of the pickup truck drove the wrong way up the exit ramp onto I-64. The driver of the SUV reported that the accident occurred in a split second. The trucks headlights appeared, and she attempted to swerve. She could not escape the path of the on coming truck. Witnesses reported the same findings.

As veteran Chicago injury lawyers, we recognize that head-on collisions are one of the most serious types of car accidents. A head-on collision typically occurs because a driver has crossed over the median or a lane of traffic. Often times drivers are distracted, using a cell-phone or texting on their phone, falling asleep at the wheel, driving while intoxicated or under the influence of drugs. Head-on collisions usually involve a higher rate of speed than other crashes. The frontal impact can cause your body to lunge forward and back quickly, leading to catastrophic injuries. Injuries could be to the head, neck, shoulder and torso. Many times serious fractures of the legs and arms occur during a head-on collision. Unfortunately, in the majority of head-on crashes the injuries sustained are often catastrophic or result in death.

As experienced Chicago personal injury lawyers know, airbags and seatbelts can prevent or lessen some types of injuries or prevent death. Many of the motor vehicle accident cases we handle include:

• Head-on collision
• Rear end crash
• SUV rollover accidents
• T-bone accidents and side impact collisions
• Chain reaction accidents and Vehicle pile-ups
• Underinsured or uninsured driver accidents
• Blind spot collisions
• Trucking accidents
• Motorcycle crashes
• Fatal car accidents
• Drunk driving accidents
• Pedestrian accidents
• Recreational vehicle accidents
• Highway collisions and accidents

If you are involved in a head-on collision, never accept an insurance settlement without consulting an experienced Chicago car accident lawyer. The majority of head-on collisions, the driver of the vehicle that crossed into the wrong lane or way of traffic is found to be at fault for the collision. If this is the case, the driver's insurance company may promptly offer a settlement. The settlement may be a large sum of money and accident victims will be tempted to accept the settlement. When you accept a settlement, you will be forfeiting your right to seek future compensation for your injuries. Injuries can be more serious than they present at the time of the accident. They may require additional treatment or surgery. Before accepting any settlement, meet with an experienced Chicago injury attorney for a free consultation.

Fatal car accidents involving teenage drivers up from previous years. Could distracted driving be the cause?

Wed, 14 Mar 2012 10:05:22 -0600

As an experienced Chicago personal injury law firm, we were not surprised by the results of a recent study conducted by the Governors Highway Safety Association (GHSA). The study results concluded that the number of fatal automobile accidents involving teen drivers increased in 2011. Over the past decade, the number of deaths resulting from car accidents involving teenagers was showing a steady decline. Why the sudden increase in 2011?

This makes one think, is it due to lack of experience behind the wheel or lack of attention? Distracted driving is a problem for drivers of all ages. As an experienced driver knows, handling multiple distractions while driving can be a difficult task. Now replace the driver with a naive teenager driver. The results could be catastrophic. Take a moment and think about the last time you were driving. How many drivers regardless of age did you encounter using a mobile device? Texting and talking on mobile devices has become the norm on our roads today. Few drivers seem to care that studies show, using cell phones while driving can have serious consequences. As experienced Chicago personal injury attorneys, we have been involved in a multitude of cases that involve distracted driving accidents.

Exactly, what is a distraction? It is defined as the deviation of one's attention. A distraction can be anything that takes the drivers attention away from the road. As a veteran Chicago distracted driving accident law firm we recognize, the number one driving distraction is talking on the cell phone. Texting while driving is a close second. Besides talking and texting on mobile devices, there are many other forms of distractions.

Types of distracted driving include:
• Talking on cellphones
• Texting
• Monitoring and programming GPS devices
• Computer use
• Eating or drinking while driving
• Use of alcohol or drugs
• Load music
• Load and excessive talking
• Yelling or disciplining children
• Applying makeup

In the State of Illinois, localities are tasked with determining their own laws regarding mobile phone utilization while driving. The City of Chicago has made using a cellular phone without a hands-free device illegal. The exception is school bus drivers and teenage drivers, who cannot use any type of mobile device while driving. The State of Illinois has banned texting while driving. It is illegal to talk on a mobile device in a construction or school zone while driving in Illinois.

Why do we continue to see cell phones being held in the driver's hands? Despite laws that prohibit such actions, many drivers continue to take the opportunity to talk or text while driving. Drivers may wonder, if an accident should occur, how can it be proven that I was using a mobile device? An experienced Chicago distracted driving accident lawyer can subpoena the negligent driver's mobile cell phone records. In a personal injury case, cell phone records can be used to determine if the at fault or negligent driver was talking or texting at the time of the accident.

If you are involved in a Chicago car accident that was caused by a distracted driver talking or texting, it is essential that you contact an experienced Chicago personal injury lawyer to preserve the evidence of your case. Cell phone records are only available for a limited time. Rapid recovery of the cell phone records can be critical to your car accident case.

New law in Illinois requires seat belts on rear or back seat passengers

Fri, 17 Feb 2012 11:59:51 -0600

As a Chicago personal injury lawyer, I am amazed by driver and passenger apathy towards seat belt use. Over the years, it has been proven that the seat belt is most important safety device in a vehicle. Despite the overwhelming evidence that seat belts save lives, many drivers choose not to use them. Doing so puts them at a greater risk of serious injuries or death should a car accident occur. How many times have we heard, if only they had been wearing a seat belt?

Seat belts save lives and prevent serious injuries upon impact, simply stated by Chicago car accident lawyer David Nemeroff. Study after study on seat belt use have concluded that wearing a properly secured seat belt reduces the risk of serious injury or death. What amazes me is the apathy that parents have regarding seat belt use in children. How many times do you drive next to a car filled with young children moving about in the backseat? It is obvious that they are not secured or wearing a seat belts. Numerous studies have concluded that seat belt use among children under the age of four years reduces the risk of death from a Chicago car accident in half. Yes, that is by over 50%.

As of January 1, 2012, all backseat passengers in Illinois are required to wear a seat belt. The exceptions are passengers traveling in buses, emergency vehicles and taxi cabs. This law is meant as an additional safety feature for front seat passengers. According to the Illinois State Police, backseat passengers can be projectiles. Rear seated passengers that are not wearing seat belts can be a danger to passengers in the front seat. Serious injuries and fatalities have occurred to front seat passengers who were struck by rear passengers not wearing seat belts. Seat belt use can prevent passengers from being ejected, decreasing the risk of catastrophic injuries or death. Examples of catastrophic injuries are spinal cord injuries or traumatic brain injuries.

The new law requires all rear seat passengers 16 years of age and older to wear a seat belt. The current law requires all children ages 8-15 to wear seat belts. Children under the age of 7 must be in a car seat or appropriate booster seat. Failure to do so will result in a ticket. The fines for violating the new rear seat belt law start at $25. Will it take a $25 fine to increase seat belt use?

No matter what the dollar amount of the fine, wearing a seat belt can save your life. Car accidents are among the leading causes of death in children. Improper or lack of seat belt use can contribute to the mortality rate. It is estimated that five children are killed each day in auto accidents. An additional 500 children are injured daily in car accidents. The number one cause of death is improper use or lack of seat belt use.

A slogan sticks in my head: buckle up, it's the law. Seat belts save lives!

Fatal Chicago rear-end accident kills man as he sits in an Illinois State Police car

Tue, 14 Feb 2012 15:23:03 -0600

Every driver fears ice on the road. Many of us can relate to driving during a dangerous weather condition. Once your tires make contact with the frozen surface, the ability to control your car is diminished. Then the feeling of relief that was felt when it was over. As an experienced Chicago personal injury lawyer, I understand that hazardous weather conditions such as ice on the roadways increase the probability of a car accident from occurring.

Frank Caruso survived an icy highway accident on the Eisenhower Expressway this weekend. He was killed minutes later as he sat safely in a parked Illinois State trooper's patrol car. An alleged drunk driver rear-ended the state trooper's parked car. Prior to the fatal rear-end crash, Caruso was able to move his disabled car to the shoulder of the expressway. He was then approached by an Illinois State trooper who offered him shelter in his squad car. It was reported that the trooper used his car and lights to block two lanes of traffic. Caruso and the trooper waited inside the patrol car for a tow truck to arrive.

As they sat in the trooper's patrol car, another vehicle rear-ended the patrol car. This crash killed Caruso and seriously injured the trooper. The driver of the second vehicle, Daniel Clark, of Chicago was charged with two counts of aggravated driving under the influence. According to reports, Clark admitted to having five glasses of wine before driving on the expressway. His blood alcohol level was .249, greater than three times the legal limit.

As an experienced Chicago personal injury attorney knows, often times a rear-end accident is referred to as a fender-bender. The term fender bender makes one think that it was not a serious car accident. It often times negates the severity of the injuries that can result from a rear-end accident. In many rear-end accidents, severe injuries can cause life-long permanent injury or death. If you are a driver or a passenger in a car that is involved in a rear-end accident even at a slow speed, your body can lunge forward quickly and cause catastrophic injuries. These severe injuries could be to the neck, head, upper torso, shoulder region and spine.

Passengers involved in a rear-end collision have the right to seek compensation for their injuries. Typically in a rear-end accident, the driver in the rear is found to be at fault for the car accident. When this occurs, the driver's insurance company may contact you immediately and offer you a settlement. The settlement may appear to be a large amount of money. In some cases, accident victims will be tempted to take the settlement offer and avoid contact with a lawyer. When a car accident victim accepts a settlement from an insurance company, they forfeit the right to seek future compensation. This may not be in the victim's best interest, as many times injuries can be more serious than they appear, requiring additional surgery or medical treatment.

Car accident victims should take the time to meet with an experienced Chicago car accident attorney. They can give you an in depth explanation of the insurance claims process in Illinois. They can also help you determine the value of the case.

Fatal Hazel Crest DUI wrong way head-on crash kills four people on I-80

Fri, 10 Feb 2012 09:15:17 -0600

Four people were killed on Monday, in a fatal car accident on I-80 in Hazel Crest. The accident was the second wrong-way accident this year that involved a drunk driver. As a Chicago personal injury lawyer and DUI crash victim, many of my readers know that I am passionate in all matters regarding drunk drivers. I am passionate about keeping drunk drivers off our roads and passionate about helping drunk driving victims. I became a lawyer after suffering my own personal injuries as a result of a drunk driving crash. I have dedicated my career to assisting victims of drunk drivers receive compensation for their injuries or loss.

The tragic drunk driving car crash occurred on Interstate 80 after 2:00 on Monday morning. According to reports from the Illinois State Police, the driver of a 1996 Infiniti was driving the wrong-way on the highway's westbound lanes. The car struck a 1999 Ford killing the driver instantly. The head-on collision ignited both vehicles. Several of the victims were burned beyond recognition. Three of the four passengers in the Infiniti were killed in the fatal accident. A third passenger in the Infiniti was treated at a local hospital. According to police reports, test results showed that the driver of the Infiniti was under the influence of alcohol when the fatal crash occurred.

One of the most serious types of car accidents is a head-on collision. Injuries resulting from a head-on collision can be catastrophic or can result in death. Under normal conditions, a head-on collision is unavoidable. They happen in a split second, and usually there is no way to avoid it. The causes of a head-on collision can be varied. A driver could cross over several lanes of traffic. The driver could be distracted, texting or talking on their phone, falling asleep, or driving while intoxicated or under the influence of drugs.

Cars that are involved in a head-on collision are generally hit at a higher rate of speed. The sudden and severe impact can cause your body to lunge forward and back quickly. This can lead to catastrophic injuries to the head, neck, shoulder and torso. Today's cars are equipped with front and side impact air bags. When a head-on collision occurs, the airbags will automatically deploy, preventing some types of injuries or prevent death. It is not guaranteed that this will occur. Sometimes the opposite happens and people are injured from the impact of the airbag. Head-on car accidents can cause many types of injuries, including traumatic brain injury, spinal cord injuries, fractures and burns.

For over two decades, I have been involved in the fight against drunk driving. Whether it was speaking for MADD, educating their victim advocates or helping with community service programs. I served on the Board of Directors for the Alliance Against Intoxicated Motorists (AAIM) for over three 3 years. I have educated hundreds of future drivers on the consequences of drinking and driving. Let us all remember, that crashes involving a DUI should not be labeled as a car accident.

This fatal wrong way drunk driving car crash could have been avoided, if the driver chose not to drink and drive.

Failure to Yield for an emergency vehicle causes Chicago crash that injures nine

Tue, 07 Feb 2012 11:05:31 -0600

How many times do we see drivers ignoring the sirens of a fast approaching emergency vehicle such as a fire truck or ambulance? Most often we see this at busy intersections. Perhaps the drivers are too nervous to remain in the intersection? Maybe they are trying to pass through or beat the emergency vehicle through the intersection? There could be multiple reasons for the driver's failure to yield to an emergency vehicle. As an experienced Chicago failure to yield accident lawyer, I have represented many injured parties in these types of automobile accidents.

Over the weekend, a failure to yield to an emergency vehicle crash revealed that the 18-year-old driver of the passenger car involved was drunk. The crash involved a Chicago Fire Department truck and sedan passenger car. According to police reports nine people were injured in the failure to yield crash. It was reported that the Chicago fire truck was responding to an emergency, when the collision occurred at the intersection. Five passengers in the car were hospitalized in serious to critical condition. Four Chicago firefighters were taken to a local hospital. They are all reported in good condition.

The driver of the car was an 18-year-old Dolton man. He was cited for failure to yield to an emergency vehicle and failure to stop at a stop sign. He was also charged with misdemeanor felony aggravated DUI. In addition, the driver was cited for driving without proof of insurance. According to witnesses at the accident scene, the driver stated that he did not hear a siren. He did report seeing flashing lights as the fire truck entered the intersection. A failure-to-yield accident occurs when a vehicle operator fails to give or yield to the vehicle or party that has the right of way. The majority of failure-to-yield accidents occur due to distracted drivers. In today's world of mobile devices, drivers are talking, texting or reading mobile devices while driving a vehicle. It's a rare occurrence today to drive and not see another driver using their mobile phone in some form while driving.

As an experienced Chicago car accident lawyer understands, the key to successfully handling a failure to yield accident claim is to determine which vehicle involved in the failure to yield accident had the right of way when the crash occurred. Many times this involves obtaining eyewitness accounts and securing intersection videos from the cameras that many municipalities have installed. The red-light cameras can prove conclusively that the at-fault driver failed to yield the right of way at an intersection.

If you have been involved in a failure to yield car accident, it is important to meet with an experienced Chicago personal injury attorney. They can explain the insurance claims process in Illinois and help you to determine the value of the case. Injured passengers involved in accidents have the legal right to seek compensation for their injuries. A lawsuit can be filed even when the driver of their car is found at fault. According to the law, the driver could be named as a defendant in a Chicago personal injury lawsuit filed by the cars passengers. Most injured passengers are hesitant to file a lawsuit against the driver of the car, as they usually have a personal relationship with the driver.

Who is at fault for the deadly Florida Interstate 75 multi-vehicle pileup crash?

Mon, 30 Jan 2012 11:03:59 -0600

Watching the news last night, I was horrified as I looked at the images of the deadly Florida Interstate 75 multi-vehicle pileup accident. The crash site looked like a scene out of the Hollywood motion picture "The Day After". Multiple cars and trucks were lying on top of one another. Vehicles were burnt past recognition, many still smoldering. At least ten victims were reported as killed. Over 18 others were taken to local hospitals with varying degrees of injury. As a Chicago personal injury lawyer, I understand that an extensive investigation needs to be conducted to determine the party at fault for the fatal multi vehicle pile-up accident. Many questions remained unanswered at the moment. What caused the fatal highway pileup? Where Florida Highway authorities too quick to reopen the closed Interstate? Who is at fault?

The fatal highway pileup or multi-vehicle accident occurred on Sunday during the early morning hours. Accounts of the accident from eye witnesses, victims and rescuers were horrifying. The visibility was so poor that one could not see, it was blinding. Rescuers could only locate victims by their screams and cry's for assistance. Victims with varying degrees of injuries were located along the highway for approximately one mile. Many of the victims suffered catastrophic injuries. Catastrophic injuries could include spinal cord injuries, traumatic brain injuries and severe burns.

It has been reported that a local brushfire caused a combination of dense fog and smoke. Due to poor visibility, the Florida Interstate 75 was closed by authorities for a period of time before the multi-vehicle pileup occurred. According to officials, road visibility returned to within normal limits and the Interstate was reopened for travel. The cause of the fire remains undetermined. As a Chicago multi-vehicle accident attorney, I understand that multiple vehicle accidents can occur due to many factors. The most common cause of multi-vehicle accidents are the result of one car crashing into another and a chain-reaction occurs. This is what appears to have happened on Florida interstate 75 as a result of the dense fog and smoke.

Handling a multi-vehicle accident can be very complex. Multiple injured victims and insurance companies are involved. A timely investigation of the highway accident is critical. Evidence relating to the highway accident case needs to be identified and secured. In many cases, attorneys will consult with experts in the field of highway accidents. These highway accident experts or accident reconstruction experts will review the accident scene and preserve physical evidence. Experts will work to identify and collect vital information from the accident scene.

Examples of the information or evidence can include video or photographs of the accident site, witnesses accounts, and assessment of weather and road conditions. They will analyze this collection of evidence and use vital information to determine the fault in the case. Fault is a critical component in any car accident claim. The party at fault is the person or entity whose negligence caused the accident. Typically, the person or party that was determined at fault will pay for the damage caused by their negligence.

If you have been involved in a multi-vehicle accident, it is best to consult with an experienced Chicago multi-vehicle accident attorney to review your case. They have experience navigating and negotiating claims with multiple parties. In these types of multiple vehicle accident cases an experienced attorney can be critical to maximizing your compensation for your injuries.

Chicago Firefighter educates teens on the dangers of distracted driving.

Sat, 24 Dec 2011 09:17:57 -0600

A crisis has been happening on the Chicago roadways. The incidence of accidents related to distracted driving has increased dramatically. What's of greater concern is the number of fatalities due to distracted driving is increasing every day.

While reading the Chicago Tribune online, I came across an article about teens and distracted driving. The National Highway Traffic Safety Administration reports that in 2010, over 3,002 fatalities resulted from distracted driving crashes. The point of interest is that teen drivers were more likely to get into a fatal car crash where distracted driving was the cause. The NHTSA reported that over 15% of teen drivers involved in a fatal crash were reported to have been distracted. That's a cause for concern.

Anyone who has spent time any amount of time with a teen knows that they have hundreds of things going on at one time. Just think about the last time you were driving a group of teens in your car. Was it hard for you, the experienced driver to concentrate? Now think about a car full of teenagers. The car is filled with loud music, cell phones ringing, singing, talking and laughing. Multiple distractions all occurring at the same time. Couple this with an inexperienced driver, the result could be tragic. One driving mistake or error in judgment can change these teens' lives forever.

One concerned citizen is getting involved. Greg Vasquez, a Lombard firefighter has developed a program aimed to educate teen drivers on the dangers of Distracted Driving. It is a 45 minute classroom based program. It focuses on the dangers involved around being distracted while driving. He uses teen driving statistics, videos and personal stories to help get his point across. The stories are of families whose lives have been changed forever due to distracted driving.

A short documentary produced by AT&T was utilized. It features interviews with police officials and loved ones of teens injured or killed distracted driving related accidents. The documentary has graphic images of distracted driving crash scenes. It also contains heart wrenching interviews with victims and family members of victims. I stressed how just one second of distraction and lead to tragedy. The firefighter recently presented his safe-driving presentation to over 300 students in the Glenbard East High School driver's education course. His goal is to reach many additional schools.

As a Chicago personal injury lawyer, I have worked with victims and the family of victims involved in distracted driving related crashes. Again, I refer to these as crashes not accidents. The crash is a direct result of an individual's negligent conduct. This individual should be held accountable for the damages and injuries inflicted upon the victim. The injuries sustained from these crashes can be catastrophic. They can include spinal cord injuries, traumatic brain injuries or TBI, multiple fractures, neurologic injuries and death. Any one of these injuries could be life altering for the victim and the family of the victim.

As we all know that using your cell phone or texting while driving is extremely dangerous. Couple this with driver inexperience, these results could be tragic. Be careful this Holiday season, don't use your cell phone while driving! The life you save may be your own.

Determining Negligence in a Nursing Home Abuse and Neglect case

Thu, 22 Dec 2011 10:43:31 -0600

One of the most difficult decisions a family can make is to place a loved one in a nursing home facility. When a loved one is placed in a nursing home or elder care facility, a family also places their trust in that facility. Unfortunately, nursing home abuse and neglect happens in over 40% of elder care facilities.

There are many causes of nursing home abuse and neglect that lead to inadequate or substandard treatment of residents, causing injuries and/or death. It could be that the nursing home was understaffed or had inadequately trained employees. The bottom line is that nursing home residents require skilled and properly trained attendants. The majority of nursing home residents are dependent on staff members for most or all of their activities of daily living. These activities can include assistance with feedings, medicine, toileting, grooming and ambulation. The resident's dependence upon the nursing home staff makes them vulnerable to neglect and abuse.

As a Chicago Nursing Home Abuse and Neglect attorney, I am asked various questions regarding nursing home abuse and neglect cases. Many times the families of the injured victim or the deceased want to know who is responsible for the injuries sustained by their family member. They want to know, will the nursing home settle, do they have to go to court and how long will the nursing home neglect or abuse case take. My response is that it depends on the case. Often times it depends upon the severity of the neglect and abuse that the victim suffered. In the most severe cases, when the neglect and abuse is blatant and obvious, a nursing home may wish to settle the case immediately.

In many nursing home abuse and neglect cases, the nursing home maintains the position that the claim for neglect and abuse is not valid. In these cases, the nursing home may take a longer period of time to make an offer. Often times they will let the case go to trial and have a jury decide who's responsible for the victim's injury or wrongful death. I understand that it is very challenging to prove that a nursing home resident's injury or death was related to nursing home neglect or abuse. Many times nursing home residents are elderly and have comorbid or pre-existing health problems.

Many factors are assessed to determine the value of a nursing home abuse and neglect case. Factors such as how the neglect or abuse occurred, extent of injuries sustained, medical treatment and medical expenses, future medical costs and pain and suffering.
Many times the state in which the law suit is filed can make a difference in the amount that you can recover. Federal and State laws require that all nursing home residents receive the necessary care to reach and maintain the highest practical level and social well being. Nursing homes are required to follow the federal and state regulations regarding having adequate or sufficient skilled nursing staff. They must complete a comprehensive and accurate assessment of each resident's functional capacity, and provide care according to the patients individual comprehensive care plan. They must provide adequate medical and/or devices for living while a resident of a nursing home. They must provide comprehensive and skilled supervision for all residents.

As a Chicago personal injury lawyer, I understand that nursing home abuse and neglect manifests in many different ways. Over the years, we have handled many types of nursing home abuse cases such as mental and physical abuse, bed sores, pressure sores, decubitus ulcers, pharmacy and medication errors, wandering and elopement, falls and malnutrition and dehydration.

Chicago bicyclist killed by dump truck

Sun, 18 Dec 2011 19:29:18 -0600

Again at this time of year, I like to reflect on past blog posts. Another that has stayed on my mind is the cyclist that was run over by a garbage truck after falling of her bicycle. Imagine falling under a large commercial truck and not being able to get out from under it. This bicyclist lost her balance for a split second. Unfortunately, she slid under a truck. The truck advanced with traffic and crushed the victim. The victim sustained serious injuries that lead to her death. It reminds me, how a person's life can change in a split second.

Every evening as I drive home down La Salle St, bicyclists share the road with me. Some obey the rules of the road, others do not. Even the most cautious cyclist is no match for the sheer size of a big rig. Unfortunately, tragedy struck a bicyclist this weekend. A local Chicago female bicyclist was killed by a garbage truck. She was run over and crushed by a truck in Chicago. It was reported that she lost her balance and slid under a passing the truck. The victim was a local Chicago fitness instructor. She was attending the Lollapalooza festival in Grant Park. The garbage truck was stopped at a stoplight at the corner of Wabash Ave.

An eye witness reported that the victim was riding her bicycle between the truck and a 4-door car that was stopped. The bicyclist lost her balance and fell, placing her under the rear of the truck. Before the victim could get out of danger, the light turned green. The garbage truck driver then proceeded to move forward and the victim was crushed. The 25 year old victim was pronounced dead at the hospital.

According to Chicago injury lawyer David Nemeroff, over 500,000 bicyclists are taken to emergency rooms to be treated for injuries sustained while biking. Of those 500,000 approximately 67,000 are diagnosed with head injuries. Of those with head injuries over 27,000 have sustained injuries serious enough to be hospitalized. What amazes me is that, 1 in 8 of the bicyclists with head injuries has a traumatic brain injury. Over two-thirds of bicycle accident deaths are a direct result of a traumatic brain injuries (TBI). Traumatic brain injuries or TBI injuries suffered as a result of an accident can be life changing. Traumatic brain injuries can include injuries to the head or a traumatic brain, spinal cord paralysis.

Nemeroff Law Offices has represented many Chicago and suburban Illinois clients who have suffered personal injuries from bicycle accidents. We have represented families of cyclists who have been tragically killed in a bicycle accident. Often times the accident is as a result of the negligent or reckless behavior of another individual. Bicycle victims that have been injured in a bicycle accident, may be entitled to compensation. This could include compensation for medical bills that the victim incurred as a result of the accident. Many times the victim is compensated for pain and suffering. Other forms of compensation include the loss of earning, and future loss of earnings. In the event that a death has occurred as a result of the bicycle accident, you can file a wrongful death suit.

Source:
ID released for bicyclist who died after falling under truck downtown, Chicago Tribune, Tuesday August 6, 2011

Chicago teen drowns at Michigan summer camp. Was a Michigan state law violated?

Fri, 16 Dec 2011 01:36:01 -0600

At this time of year, I like to reflect upon past blog posts. This one stays with me, every day. As a parent and a Chicago personal injury lawyer accidents involving children have a profound impact on me. Take the time and read the blog post below.

When I think of summer, I think of Camp Wayne in Preston Park, PA. That is where my fondest childhood memories are from. Sun up until sun down, my days were filled with many activities. I lived for that! As campers we spent hours playing baseball, basketball and soccer. One of the highlights of the day was heading down to the lake for a swim. That exhilarating feeling when you jumped in the cold water after a sweltering hot day. Nothing else could compare.

Last week, a Buffalo Grove teenager drowned while swimming in a lake at a Michigan sleepover camp. The accidental drowning occurred last Wednesday night at the Greenwoods Camp on Lake of the Woods in Decatur. Jacob Waxberg of Buffalo Grove, IL was 15-year-old veteran camper. Michigan State Police and the Michigan Department of Human Services are investigating the drowning.

Sources have reported that the victim was participating in a camp swim at dusk. At this moment, limited information is available as to the exact time of the swim. The police reported that they received a 911 call around 10 p.m. Much of the details surrounding the drowning are unclear at this moment. It has been reported that the teenage boy was observed struggling moments before he vanished from the water's surface. After an exhaustive search effort, Michigan police found the victim's body at the bottom of the lake. After exhausting all emergency efforts by paramedics, the victim remained unconscious. He was later pronounced dead at a local Michigan hospital.

After hearing of the drowning, what stood out in my mind was the time the organized swim was conducted. State licensing regulations for summer camps strictly mandate that a camp may not conduct swim programs during night time hours. Swimming pools can be used during night time hours, if they are equipped with underwater illumination. A spokesperson for Greenwoods Camp said there were floodlights in the area at the time of the swim. Was there under water illumination as per state law? The drowning accident is still under investigation. If the victim was participating in a nighttime swim, the camp violated state law.

The second issue that arises from this tragic accident is whether the swimmers were appropriately monitored. They should have been monitored by lifeguards and camp personnel. By law, it is the camp's responsibility to keep their campers out of danger and harm. They also need to ensure that the staff is properly trained. Lake swimming presents a danger to all swimmers. Could the lack of oversight and improper training be a factor in this victim's drowning? Camps are required to make sure that all lifeguard staff are adequately trained and prepared to respond to any emergency situations.

Deadly drowning accidents like this one serve as a reminder of the dangers that can occur at any summer camps. Every summer children all over the US look forward to staying at overnight summer camps. Parents put their trust in the camp owner's hands. Summer camps are often the sites of numerous personal injuries and even deaths. It is reported that a substantial amount of injuries occur in lakes and swimming pools. The issue at hand is their adequate ratio of swimmer and lifeguard. In some circumstances, several young campers are under the care of a single lifeguard or counselor. How well trained are they to handle multiple small children? The risk of serious injury is extremely high, the majority of drowning victims that survive still may suffer from brain injury, spinal cord injury, fractures, and other serious personal injuries.

As a Chicago injury and accident attorney, I understand that parents should be aware that camp rules and regulations vary from state-to-state. Currently, there are no federal regulations for summer camps. It is reported by The American Camp Association that only 25 percent of summer camps throughout the country are accredited. What amazes me is that over 75% of camps fail to meet the association's health and safety standards. Accidents can occur at anytime and anywhere. What is negligence, is when a camps failure to take reasonable steps to protect the health and safety of campers.

This blog is dedicated to the memory of Jacob Waxberg. Nemeroff Law Offices extends its condolences to the Waxberg family.

Source:
Teen drowns at local camp,WWMT.Com, July 21, 2011 6:06 PM

Strict consequences for those who choose to drink and drive!

Thu, 15 Dec 2011 09:20:17 -0600

As the Holidays approach, I read more and more news articles regarding drunk driving accidents. Over the year, I have reported on numerous drunk and drugged driving accidents. To me it remains a mystery, why someone would choose to drink and drive? As a victim of a drunk driver over 25 years ago, I understand the challenges faced by the victims. I have spent the last two decades supporting groups that educate the public about the dangers of drinking and driving. Save a life this holiday season, don't drink and drive. Choose a designated driver or take public transportation. The life you save may be your own!

Our Chicago wrongful death attorneys reported on the driver of a tour bus charged with a DUI after striking and killing a woman in the Streeterville neighborhood. The driver of the tour bus, David Soto, 47, tested positive for drug use (cocaine) after he struck Justyna Palka as she was crossing the street on Columbus at Illinois. She was walking in a designated crosswalk. The driver worked for the Pontarelli Group Charter Company. He was employed by them for six months. Several witness reported that the traffic lights on Illinois were green at the time of the fatal bus crash. That would mean that pedestrians had the right-of-way to cross Columbus. The tour bus driver told police that he did not see the victim as she crossed the street.

Chicago bus and truck accidents continue to take lives and cause serious personal injuries to Chicago area residents. It is hard to call these crashes accidents when there is one party that clearly acted in a negligent manner that lead to the crash. According to Illinois wrongful death attorney David Nemeroff, deaths and injuries caused by drugged and drunk drivers are not accidents, but are the result of an individual's willful conduct. In this case, the label of "accident" obscures the causative factor of drug abuse. Many times driving under the influence fails to get recognized as a violent crime.

The Chicago personal injury lawyers at Nemerofff Law offices worked on a drunk driving truck accident crash earning a $6.5 million Illinois truck accident settlement for our client, a 31 year old woman. The victim was traveling in her car on a stretch of North Ave. in Lombard, IL. The victim was involved in a head-on or frontal impact crash with a drunk driver. After the crash with the drunk driver, she was then rear-ended or hit from behind by a commercial semi-truck. One can only image the destruction to her car, and the massive injuries suffered by the victim.

The victim sustained injuries such as multiple fractures of her arms and legs, and pelvis. The injuries required several surgical procedures. The victim spent many months in the hospital recovering from her injuries. To this day, she has difficulty walking and has multiple scarring over 95%t of her body. Both the commercial semi-truck driver and the drunk driver were found responsible for the accident and her injuries by a Cook County, IL jury. The victim was awarded $6,521,000 by the jury. A Dram Shop settlement was reached with the establishment where the drunk driver was served alcohol for an additional $60,000.

Source: Tour Bus driver charged with DUI and sex crimes, Chicago Tribune, May 5, 2011
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Who is the responsible party for this fatal Chicago truck crash?

Wed, 14 Dec 2011 11:03:31 -0600

Just this morning as I was reading the news online, I came across an article on a fatal Chicago truck crash. On Monday a fatal truck accident killed a 10-year-old Island Lake boy. His twin brother also sustained serious injuries. The 10 year old victim was Griffin Shirey. He was killed when the Lincoln driven by his father, was hit by a flatbed truck. The fatal car crash occurred at the intersection of Route 12 and Old McHenry Road in Wauconda. According to police, the driver of the Lincoln, was making a left turn onto Old McHenry Road when the truck t-boned the Lincoln. Two other vehicles were also struck by the truck.

According to police, there is no evidence distracted driving. Several witnesses did report that the truck was traveling at a high rate of speed. They also reported that he failed to stop at a red traffic signal. Currently, no charges have filed against any of the drivers involved Monday's fatal car crash. The accident scene still remains under the Sheriff's investigation. The truck driver was taken in for questioning and released. All drivers involved in the fatal auto accident submitted to a DUI test. The truck driver also provided a urine sample.

It was reported that the flatbed truck was carrying a load of roofing shingles. The question that comes to my mind, was the truck over loaded? An oververloaded truck can be a danger on any road. When a truck is overloaded, it is carrying additional weigh causing it to have greater momentum. When trucks have increased momentum and are traveling at high rates of speed it can cause problems with reaction timing. Ordinary driving maneuvers can be made more complex. Such maneuvers can be to stop suddenly or swerving to avoid a road hazard. Additional problems associated with overloading can be brake failure or difficulty and inability to steer. Inability to react in a split second can lead to a catastrophic crash.

Current truck laws dictate the maximum weight a commercial truck can carry. As you drive on the highway, one can see the Weigh stations. It is at these stations that vehicles are weighed and inspected. Typically at a Weigh stations, several inspections can occur. The commercial trucks are weighed. Cargo is inspected for illegal or falsely reported cargo. The HOS book is checked for compliance with Hours of Service laws. Even with these Weigh Stations in place, if a violation is found, the truck driver is usually issued a ticket. The truck driver is then permitted to return to the highway, carrying a dangerous weighted load. In some circumstances the driver may be detained, and an overweight vehicle permit will be issued.

The weight limit on a commercial truck is 80,000 pounds. That is 20,000 pounds per axle or 34,000 pounds per tandem axle. According to the Federal Motor Carrier Safety Administration (FMCSA) ) rules and regulations individual states are allowed to set weight limits for commercial trucks. States are also responsible for enforcing those weight limits.

In my experience as an Illinois truck accident lawyer, ineffective enforcement of these weight provisions has led to conditions that contributed to the number of truck accidents on our roadways.

Listed below are some reasons why an overloaded truck can be involved in an accident.
• Burst tires
• Traveling too slow can be a hazard to approaching vehicles especially in blind spots
• Traveling too fast
• Brake Failure
• Inability to stop
• Roll over
• Steering difficulties

As a Chicago truck accident lawyer, I realize that there may be multiple parties who share responsibility for an accident. In most instances the truck driver is responsible, but other parties can include:

• Commercial Trucking companies
• Commercial Truck loading companies
• Government Agencies

Overweight trucks on highways and roadways pose a serious danger to other drivers. Our safety depends upon the states enforcement of the existing truck weight laws. If trucking companies, truck loading companies, truck drivers continue to allow these trucks on the road, we are all in danger.

First snowfall of the season causes fatal Chicago truck crash.

Sun, 11 Dec 2011 15:25:38 -0600

Welcome to winter Chicago. I woke Friday morning to my backyard covered in snow. It looked like a Norman Rockwell painting. The trees and streets were all lined with a brilliant white coating of snow. Even the most experienced driver can come across some dangerous conditions on the snow covered roads. It is best to drive slow and take your time to reach your destination. As a Chicago car accident lawyer, I realize that along with the beauty of a fresh snowfall come many dangers.

Although, this snowfall didn't amount to much, it still caused some hazards on the roads. When the weather is bad it is best not to drive at all, if you can avoid it. For many of us this is not a reality, so we must drive with caution. If driving in snowy conditions, make sure your car is prepared and that you know how to handle road conditions.

When driving on snowy or icy roads, it is best to follow the TIPS below from the National Safety Council:

1. Reduce your speed
2. Leave adequate space for you to stop.
3. Gently apply your brakes. This will help you to avoid skidding.
4. Keep your headlights on. This will increase your visibility to other motorists.
5. Keep your lights and windshield clean from falling snow and ice.
6. Keep the car in a low gear.
7. Never use cruise control on icy roads.
8. When traveling on bridges and overpasses use extreme caution when. These areas of roadways tend to freeze first.
9. Watch out for black ice.

This morning's snowfall that covered many of Chicago's roadways caused multiple spinouts and minor fender benders. Unfortunately, there was one fatal accident on the Eisenhower. It was reported by the Illinois State Police that a fatal truck accident occurred on the inbound Eisenhower. The truck accident occurred at Cicero Avenue exit. It involved a box truck and a pickup truck. A passenger in the pickup truck was killed. At this moment, there are no details regarding the accident. The family of the fatal accident victim may be able to file a wrongful death law suit.

A wrongful death case is a law suit lawsuit that is filed when someone's negligent behavior results in the wrongful death of another person. The law suit is brought by the victims surviving family members or the victim's estate. Under most circumstances a wrongful death claim is brought to recover damages due to the death of a family member. The damages that are awarded in a wrongful death case are to compensate the family or estate for losses resulting from the death of a family member.

Some of the damages that can be recovered in a wrongful death case are what is called direct expenses. These are expenses incurred such as funeral costs and medical bills. Other damages can be for the loss of benefits and future earnings. Additional damages can include loss of companionship and punitive damages.

Motorists were urged to drive carefully and with caution during snowfalls.

Illinois is is recognized by MADD as a national leader in its fight against drunk drivers.

Thu, 08 Dec 2011 14:34:38 -0600

Illinois is is recognized by MADD as a national leader in its fight against drunk drivers.
As we approach the Holiday season, many of us will be attending Holiday Parties. Enjoying good food, conversation and a cocktail or two with family and friends . This is a normal celebration for many. Unfortunately, some individuals choose to drink and drive. Making this decision can change the lives of many forever.

If you have followed my past blog posting, then you are aware that I was a victim of a drunk driver over 25 years ago. I have spent over two decades supporting boards and organizations that strive to make tougher drunk driving laws. The main goal at hand of all these groups, are to make our roads a safe place for all.

As a Chicago injury lawyer and a victim of a drunk driver, I know that the roads can be a dangerous place for even the most cautious driver. One negligent or impaired driver can change an individual's life forever. In a blink of an eye, this happened to me, and it can happen to you. While reading the on line news last week, I came across a headline that made me smile. The headline summarized that according to Mothers Against Drunk Driving the state of Illinois has been recognized as a leader in the country for its actions taken against drunk drivers.

Many ask the question, what exactly is "Driving under the Influence? According to the law, it is when one is operating or driving a motor vehicle while impaired by alcohol or other intoxicating substances. According to Illinois law, a driver is considered legally under the influence if their a blood-alcohol concentration level (BAC) is .08 or greater. They can also be considered legally impaired if they have abused or taken any illegal substance or medication.

For over a decade, Jesse White the Illinois Secretary of State has worked to make our roads safe. Now one of the most influential drunk driving organizations has recognized his efforts on behalf of Illinois. As the Secretary of State he has implemented many programs and initiatives that have helped to decrease the number of alcohol related crashes. Let's take a look at one of the many programs, the BAIID initative. Many have no idea what this acronym stands for. This BAIID initiative or Breath Alcohol Ignition Interlock Device requires the installation of a Breath Alcohol Ignition Interlock Device (BAIID) in the cars of first-time DUI offenders. The device prevents the offender from starting a motor vehicle if they are intoxicated or impaired. If the DUI offender installs a Breath Alcohol Ignition Interlock Device (BAIID) on their vehicle they can regain some basic driving privileges.

The program began in 2009, as a result the state has decrease in alcohol crash related deaths. The Illinois Department of Transportation reports that alcohol-related crash deaths have dropped by more than thirty percent since the BAIID implemenation. The statistics show that the alcohol related crashes have declined from 711 alcohol-related crash deaths in 1999, to 436 alcohol related crash deaths last year.

Thank you goes to all those involved in changing the laws to keep intoxicated motorists off the road. In the State of Illinois DUI is recognized as a violent crime. Victims of DUI are recognized as victims of violent crimes.

This blog is dedicated to all the drunk driving victims and families of drunk driving victims.

Source:
Illinois gets highest rating from MADD
Associated Press
8:47 a.m. CST, November 20, 2011