Chicago Injury Attorneys Blog

On May 17, 2012, Michigan Radio reported that the National Highway Traffic Safety Administration may soon require large trucks to add a new safety system, electronic stability control systems. According to the report, this technology could prevent many accidents and rollover crashes involving large trucks.

Electronic stability control systems, which are able to automatically apply the brake on individual wheels, are already required in passenger cars. Estimates suggest that these systems reduce by at least 40% the number of accidents and crashes in which the driver loses control of the vehicle. The NHTSA believes that there could be a similar benefit for big rigs, busses and large trucks that employ this system. The NHTSA indicated that a rule requiring the installation of these systems on large trucks could become final within two to four years.

The Michigan Radio report also noted that a University of Michigan Transportation Research Institute study estimated that at least 4,600 truck accidents and truck crashes could be prevented if electronic stability control systems were required. Additionally, the Institute predicts that these systems would save at least 126 lives annually. The Trucker.com also reported on this development, and explained that the NHTSA's Notice of Proposed Rulemaking is now being published in the Federal Registrar. Following this publication, members of the public will have 90 days to comment on this proposal. Additionally, the NHTSA plans to hold a public hearing on the proposed truck safety standard.

Resources:

Electronic stability control proposed for big rigs, May 17, 2012, www.michiganradio.org

NHTSA proposes rule requiring electronic stability systems on large trucks, May 17, 2012, thetrucker.com

On May 15, 2012, Transport Topics reported that, over the next five years, the Federal Motor Carrier Safety Administration will implement plans to drastically reduce truck-related accident fatality rates. The FMCSA hopes to achieve this goal, in part, by developing new credentialing and driver safety fitness standards, by expanding its regulatory reach to include shippers and other industry entities and by creating new programs designed to filter out high-risk motor carriers.

According to Transport Topics, in its 2012-2016 strategic plan, the FMCSA announced that its commercial motor vehicle "Safety 1st Culture" will focus on all segments of transportation including shippers, receivers, brokers and freight forwarders. This would include all sectors that may have a "detrimental effect on safety through their actions." In the strategic plan, the FMCSA explained that "[t]he greatest potential for creating the safest CMV (Commercial Motor Vehicle) industry lies in focusing on outreach, oversight, and enforcement resources on the entire CMV transportation life cycle[.]"

The FMCSA currently lacks any statutory authority to regulate shippers or receivers. Thus, as an initial step, the Administration is researching the impact shippers and receivers have on drivers who get detained at loading docks. However, in order to regulate shippers and receivers the FMCSA would need to seek enabling legislation from Congress. Transport Topics reported that the FMCSA's long term strategies also include the following:

• Preventing poor carriers from reincarnating to operate;
• Increasing efforts to ensure that only qualified drivers are behind the wheel of a commercial motor vehicle truck;
• Addressing safety issues of a greater segment of the industry;
• Improving the effectiveness and efficiency of enforcement mechanisms and procedures; and
• Reducing the number of unsafe and high-risk behaviors by truck drivers and carriers.

The agency will also study carriers to determine how they compensate drivers and what impact driver compensation packages have on safety.

Truck accidents are often extremely serious, resulting in very severe injuries. It is, therefore, encouraging to see this federal effort at reducing the number of fatal truck accidents and truck-related crashes on our nation's highways. Of course, if you or a loved one has been injured in a truck accident, you may be entitled to compensation for your injuries. Please contact the Joliet truck accident attorneys at Pavich Law Group, P.C., today for a free consultation. Our Chicago truck accident lawyers have the experience necessary to successfully prosecute a claim on your behalf.

Resources:

FMCSA Five-Year Plan May Target Shippers, Brokers, May 15, 2012, www.ttnews.com

The Chicago Tribune recently reported that drivers on our nation's roadways face a myriad of distractions. While much of the national debate about distracted driving has focused on the use of cellphones by motorists, a 2010 National Highway Transportation Safety Administration report listed numerous distractions, aside from cellphones, including adjusting the radio, gawking at an accident and painting fingernails. All of these distractions contributed to motor vehicle accidents in 2009.

According to the NHTSA report, driver distraction was a factor in approximately 11% of the 30,797 fatal accidents in 2009. Additionally, 20 percent of the 2.2 million people injured in automobile accidents in 2009 were victims of an accident involving a distracted driver.

While the 2010 report highlighted a number of rarely discussed distractions, the NHTSA recently recommended a nationwide blanket ban on using a mobile phone while driving. Under this proposed ban, even using a Bluetooth headset to take calls could be illegal. Locally, several Chicago-area municipalities have passed ordinances authorizing police to issue citations for any number of "inattentive actions." According to one such ordinance passed in Plainfield, Illinois, such actions would include using any type of electronic communication device, eating and/or drinking and personal grooming. Highland Park, Illinois, has passed a similar ordinance, with the goal of reducing accidents relating to distracted driving.

Of course, if you or a loved on have been the victims of an accident involving a distracted driver, you may be legally entitled to compensation for your injuries. Contact Pavich Law Group, P.C., today to schedule a free consultation.

Resources:

Cellphone calls, texting are not the only things distracting drivers: Studies show other behaviors can impair motorists, Chicagotribune.com, March 26, 2012.

NTSB wants to ban mobile phone and electronics use in cars across the country [UPDATE], www.autoblog.com, December 13, 2011

A Lake County correctional officer was killed Tuesday night in a tragic hit and run accident near Crown Point, Indiana. According to Lake County Sheriff John Buncich, a dark colored SUV drove into a group of Lake County correctional officers who had just completed their shift and were jogging on 93rd Avenue, just north of the Lake County Government Complex. The accident occurred at approximately 7 p.m.

In addition to the fatality, the other three officers were badly injured in the accident. The deceased officer was identified as 25-year-old Britney Meux. Officer Meux was the mother of a 5-month-old daughter, and she was also a veteran of the U.S. Marine Corps. According to Buncich, the driver of the SUV did not appear to attempt to stop before striking the officers.

Investigators were able to recover a badly scratched and splintered dark blue passenger side mirror from the site, sheared from the vehicle after the crash. Investigators believe the mirror could belong to a 2003 GMC Yukon or a 2003 GMC Sierra. Other possibilities are a 1999 to 2006 GMC Yukon or a 2003 to 2006 GMC Sierra. A $5,000 reward is being offered for anyone who provides information that leads to the arrest and conviction of the person responsible for the hit-and-run.

Accidents involving pedestrians are all too often deadly. In 2010, there were 1,891 pedestrian accident fatalities in the first six months alone. In Illinois, there were more than 300 pedestrian accident fatalities in 2009. Often, these accidents are the fault of a distracted driver, who may not even see his or her victim until it is too late. These statistics drive home the importance of remaining vigilant while operating a motor vehicle, as automobiles turn into deadly weapons if not handled with the appropriate caution and care.

Resources

1 Lake County officer killed, 3 injured in hit-run, posttrib.suntimes.com, March 7, 2012

Police search for hit-and-run driver who killed correctional officer, Chicagotribune.com, March 7, 2012

Pedestrian Traffic Fatalities By State, www.ghsa.org, 2010 preliminary data

A 56-year old Kankakee man was killed on Tuesday, February 21, in a two-car accident in Limestone Township, Peoria County. The accident occurred on Illinois Route 17, near 6000W Road, just a few blocks south of Kankakee.

According to reports, the 56-year old man died of massive injuries sustained in the car accident, including head and chest injuries. He was pronounced dead at Provena St. Mary's Hospital at 4:02pm on February 21.

This tragic accident apparently resulted when the man, who was driving west on Route 17, ran off the road, overcorrected and swerved into the oncoming lane. At that point, his car collided with another vehicle, driven by a 54-year old woman from Bonfield, who was driving a Ford Focus. She and another passenger were transported to Riverside Medical Center for treatment of undisclosed injuries.

It remains unknown what caused this individual to drive off of the road in the first instance. Although the investigation will continue, investigators will no doubt seek answers as to whether distracted driving may have contributed to this terrible accident. According to the National Highway Traffic Safety Administration, in 2009 an estimated 448,000 people were injured in accidents thought to have involved distracted driving. Of these injuries, there were 5,474 deaths. This means that 16% of all traffic fatalities in 2009 were attributed, in part, to distracted driving. These striking figures underscore the importance of driving without distractions, and remaining completely focused on the road. If you or a loved on has been injured in any type of accident, please contact the Pavich Law Group, P.C., today for a free consultation to determine your rights.

Resources:

Update: Kankakee man killed in 2-vehicle crash in Limestone Township, daily-journal.com, February 22, 2012

Traffic Safety Facts: Distracted Driving 2009, U.S Department of Transportation, National Highway Traffic Safety Administration, September 2010

On Tuesday, January 31, 2012, a woman was injured when she was involved in a rollover accident in the parking lot of a Naperville shopping center. The vehicle she was driving rolled over onto its roof after the unidentified woman was involved in a traffic accident. Also involved in the accident was a Honda Odyssey mini-van.

While the woman's injuries required hospitalization, the occupants of the mini-van were uninjured. Police at the scene stated that the investigation was ongoing and it remained unclear who, if anyone, was at fault for the accident. Even if one party is determined to bear primary responsibility for the accident, the Naperville Police indicated that tickets and citations might not be issued, as the accident occurred on private property.

Rollover accidents are particularly violent in nature, and are far more deadly than ordinary impacts. These accidents also tend to result in more serious injuries. While many rollover accidents are the fault of a driver, other causes may contribute to such accidents, such as poor vehicle design and/or the fault of another third party. In such cases, victims of rollover accidents may be entitled to compensation for their injuries.

If you or a loved one has been involved in a rollover accident, contact the Pavich Law Group, P.C., today for a free legal consultation to determine your rights. Please contact us at 1-800-416-8365.

Resources:

Woman Hurt In Rollover Crash In Naperville Shopping Center Lot, Joliet Herald News.com, January 31, 2012.

SUVs now least likely for rollover crashes, CNN.com, June 9, 2011

Characteristics of Fatal Rollover Crashes, National Highway Traffic Safety Administration -- Technical Report, April, 2002

A truck struck and critically injured a Curie Metro High School student on Tuesday, January 24. The 18- year old student was struck outside of the school during his lunch period. The student was taken to Mount Sinai Hospital following the accident, where he was treated for serious personal injuries sustained in the accident.

Vehicle-pedestrian accidents are all too common, and frequently result in serious personal injury and even death. According to the National Highway Traffic Safety Administration, in 2009, there were 111 pedestrian traffic fatalities in Illinois, while there were 50 pedestrian traffic fatalities in Indiana.

Obviously, the severe nature of these accidents warrants heightened vigilance on the part of all pedestrians. This is especially true when standing or walking near areas heavily trafficked by trucks, as truck accidents are particularly devastating.

While the circumstance of this accident remain under investigation, often vehicles involved in pedestrian accidents are operated by distracted drivers. In such cases, victims of truck accidents and automobile accidents may be entitled to compensation. If you or a loved one has been injured by a truck or automobile, please contact the Pavich Law Group, P.C., to determine if you may be entitled to some compensation. Contact us at 800-416-8365 to schedule a free consultation.

Resources

Student Seriously Hurt When Hit By Truck Near Curie High School, Chicago Tribune.com, January 24, 2012.

Traffic Safety Facts, 2009 Data, National Highway Traffic Safety Administration

On the morning of January 24th, 2012, a man and his daughter were struck and injured by a taxicab while crossing at the intersection of South Boulevard and Chicago Avenue in Evanston, Illinois. While not considered life threatening, both the man and his daughter suffered personal injuries, and were subsequently transported to St. Francis Hospital. The driver of the cab was cited by Evanston police for failure to yield to pedestrians in a crosswalk.

Regrettably, taxicab accidents are a regular occurrence in urban environments. As a result, recent high-profile accidents involving taxicabs have compelled Chicago city authorities to introduce new legislation intending to crack down on taxicab drivers who have been involved in multiple traffic violations.

Continue reading "Taxi Strikes Pedestrians in Cook County Illinois " »

A 16 year-old Arlington Heights, Illinois boy has passed away from injuries that he sustained while he was a passenger in a car driven by another 16 year-old boy in the early morning of Thursday, March 24, 2011. Although both boys were wearing seatbelts, airbags were deployed, they were not speeding and drugs and alcohol are not suspected to be factors in the accident, there were snow flurries on the street when the vehicle hit a tree. The wet road condition may have contributed to the driver losing control of the vehicle. The driver did not sustain any serious personal injuries and at present is not charged with any traffic violations.

In the United States, motor vehicle accidents are the leading cause of death for teenagers, accounting for over 33% of deaths in this age group. The chance of crash is greatest among this age group than all other drivers. Teenagers who drive with other teens and males both have higher risk for potential accidents. Risks include the fact that since teenage drivers are newly licensed, they may not be able to accurately recognize potentially hazardous roadway conditions. In 2009 alone, approximately 3,000 people between the ages of 15 and 19 died as the result of injuries they sustained in motor vehicle crashes, and over 350,000 teenagers sustained injuries serious enough to be treated in an Emergency Room.

Continue reading "Arlington Heights Teenager Fatally Injured as Passenger in Early Morning Automobile Crash" »

A country club and restaurant/tavern, both in Crete, Illinois, have been identified as the locations where a 64 year-old Lynwood, Illinois municipal employee imbibed alcohol prior to allegedly driving the wrong way on a highway, causing a car crash that resulted in one fatality and multiple personal injuries. As we previously posted, the family of the deceased 32 year-old woman filed a wrongful death lawsuit stemming from this February 2011 crash.

With this new information, the lawsuit may be amended to include what are known as "dram shop" claims against these two businesses that served alcohol to the municipal employee. Establishments that serve alcohol have the responsibility to make sure that all of their patrons who choose to order alcohol are served responsibility. In Illinois, the liability of the amount of damages that may be paid on a dram shop claim for injuries that result from alcohol-related occurrences is limited through the Illinois Liquor Control Act of 1934. Each establishment is responsible for their own liability through the actions of their employees, and therefore will have to defend their individual claims. (However, no limit may be placed on the amount of damages for the existing wrongful death claims.)

The driver himself has been charged with felony reckless homicide and aggravated drunken driving causing death. The progress and outcome of the criminal case will not affect the civil case.

Continue reading "Update: Businesses Identified Where Lynwood, Illinois Municipal Employee Allegedly Drank Alcohol Prior to Fatal Auto Collision" »

The surviving family of a deceased Chicago woman have filed a civil lawsuit against a Lynwood, Illinois municipal employee for the automobile crash he allegedly caused while he was driving under the influence of alcohol during the early morning hours of Friday, February 4, 2011. The accident happened on south suburban roadway Illinois 394 where the municipal employee driver entered that expressway going the wrong direction, and continued to travel in the wrong direction for approximately one mile before causing a three car collision. The passenger of the vehicle struck head-on by the municipal vehicle died as a result of her injuries. The driver of her car and the driver of the third vehicle involved in the collision were sent to area hospitals for treatment of injuries they sustained in this crash. The municipal employee was also hospitalized and was later charged with drunken driving and disobeying a traffic control device.

The National Highway Traffic Safety Administration acknowledges that collisions caused by cars driving the wrong way on our roadways present a serious danger to drivers. Engineering solutions such as placement of physical barriers, modifying ramps, constructing flashing lights and embedded censors and adding wrong way pavement arrows are being explored to address this problem. The tragedy is that approximately 75% of fatal crashes stemming from a vehicle traveling in the wrong direction are caused when those drivers are under the influence of alcohol and/or drugs, and therefore they may not be cognizant of existing deterrents like enlarged "wrong way" signs. The Federal Highway Administration has found that in the United States, approximately 350 people are killed each year due to wrong way crashes on freeways/expressways, including accidents on ramps. From 1996 to 2000 the total number of fatalities was 1,753 people, with thousands of others estimated to have sustained personal injuries.

Continue reading "Civil Lawsuit Filed Against Lynwood, Illinois Municipal Employee for February 2011 Fatal South Suburban Auto Crash" »

The parents of a 21 year-old man who passed away as the result of head injuries he sustained in a Norridge, Illinois car accident have filed a civil wrongful death lawsuit against the driver of the vehicle who struck their son's vehicle. The lawsuit also includes product liability claims against Chrysler and Jeep Corporation. The defendant driver was charged with reckless homicide/aggravated driving under the influence of alcohol. She received 30 months probation and will not serve jail time. It is unclear from the article which vehicle and what car parts are involved that the plaintiffs believe did not function properly and contributed to this accident.

Any wrongful death incident is difficult for a surviving family, but is especially tragic when a loved one so young is the victim. The statistics related to drunk driving accidents are staggering. The National Criminal Justice Reference Service found in a 2004 publication that in the United States, one person is killed every 32 minutes in a DUI related crash, and 30% of all Americans will be involved in some way in an alcohol related crash at some point during their lives. Specifically in Illinois, the study found that motor vehicle crashes are the leading cause of death for those under the age of 34, with a high percentage stemming from alcohol-related incidents. Although the blood alcohol content (BAC) of the defendant driver in this case is unknown, Illinois has made attempts to reduce drunk driving accidents through its "Safer State with .08" campaign. The Secretary of State's office points out that 41% of fatal accidents in Illinois involve alcohol. Of course, common sense dictates that driving without any alcohol consumption, in addition to avoiding all other distracted driving factors, is the safest choice for everyone on our roadways.

Continue reading "Wrongful Death and Products Liability Lawsuit Filed Against Elmwood Park, Illinois Driver and Chrysler and Jeep Corporation" »

A car accident in LaPorte County, Indiana close to the Indiana-Michigan border killed a New Buffalo, Michigan man when his disabled vehicle along the I-94 Interstate Highway was hit by another vehicle in the early morning of Sunday, October 31, 2010. The driver and occupants of the second vehicle, also Michigan residents, were taken to Saint Anthony's Hospital in Michigan City, Indiana with non-life threatening injuries. According to research by the Transportation Research Board of the National Academies, throughout the United States approximately 350,000 accidents occur annually in which a parked or disabled vehicle is involved, and often injury, or even death, results.

This is without question a tragic accident and many questions are raised by the facts known as of this posting. For instance, the article mentions that alcohol was a factor, however it does not say on behalf of which driver. The article also mentions that the disabled vehicle did not have any lights on. Clarification of these types of questions is necessary to help determine whether one party may have been liable for this collision. Often, it is necessary to wait until the police department has completed its investigation and review the necessary report(s) before pursuing a claim for damages. In a death investigation, there may be additional paperwork, such as from an EMS agency or supplemental police reports from additional law enforcement agencies called to the scene, which may take additional time to complete but are necessary for attorney review.

Continue reading "Fatality Reported in LaPorte, Indiana Car Accident Involving a Disabled Vehicle" »

A rollover car accident on Chicago's Eisenhower Expressway on the afternoon of Sunday, October 31, 2010 resulted in 14 people, including 12 children, being taken to area hospitals with a range of injuries. Two vehicles were involved in the collision, though only one vehicle carrying all passengers rolled-over. The driver of the vehicle that rolled-over was charged with child endangerment, failing to reduce speed to avoid an accident and driving without insurance. Although the nature and specifics of the injuries sustained is not known as of the time of this posting, according to the Advocates for Highway and Auto Safety, a rollover type of crash is extremely dangerous because of the higher likelihood of ejection from the vehicle and the greater potential for head injuries. At least one child in the vehicle that rolled-over in this crash was unrestrained.

According to the Department of Health and Human Services Centers for Disease Control and Prevention, motor vehicle accidents are the leading cause of death among children in the United States. The likelihood of serious injury or death to children increases when age and size appropriate car seats and booster seats either are not used at all or are used incorrectly. According to the CDC, in a study observing 3500 car seats, 72% were found to be misused in a way that could increase the risk of injury or death to a child in a motor vehicle crash. These statistics highlight the importance of ensuring that children are properly restrained according to their age and size each and every time they travel in a motor vehicle.

Continue reading "Chicago Expressway Rollover Traffic Crash Injures 2 adults and 12 children" »

Previously, we wrote regarding a Sunday, October 17, 2010 accident in which an elderly Griffith, IN resident and his wife were driving their truck when they were rear-ended by an unidentified SUV. The gentleman who was rear-ended passed away from his injuries the following morning.

A 42 year old Dyer, Indiana man has come forward as the driver of the SUV after turning himself in to the Highland Police Department. He has been formally charged in Indiana's Lake Superior Court with reckless homicide.

In a case such as this, even though criminal charges have been filed, it is still possible to proceed with a civil action while the criminal action is proceeding. It is important to know that although the criminal and civil cases are related to the same incident, they are handled in different areas of the court system by different sets of attorneys. In addition, the outcome of the criminal case is not necessarily related to the outcome of the civil case. For instance, if the criminal case goes to trial, it is possible that the jury will not even be made aware of the civil case.

There are time limits, known as the statute of limitations, governing when a civil claim may be filed. The statute of limitations can vary from state to state, and sometimes even depending on the facts of the case. It is encouraged to reach out to an attorney knowledgeable in these areas if you believe you may have a potential civil claim as soon as possible.

Resources:

Dyer Man Charged With Reckless Homicide in Highland Hit-And-Run, NorthwestIndianaTimes.com, October 21, 2010.