$13.6 Million Settlement In Motorcycle Struck by Distracted Garbage Truck Driver

Allison VanDerMaelen was riding on the back of a motorcycle that was approaching an intersection. A garbage truck driven by Robert Choinski for CWPM, LLC was traveling westbound while the motorcycle was eastbound.

Choinski’s garbage truck crossed the centerline and entered the eastbound lane crashing head on into the motorcycle.

VanDerMaelen suffered serious injuries including brain hemorrhaging, chest trauma, and multiple fractures. She underwent numerous surgeries and was hospitalized for almost three months. She then underwent six months of physical therapy, rehabilitation and additional leg surgeries. VanDerMaelen continues to suffer pain and restrictions in her daily living activities and uses a wheelchair or walker to move around.

Her medical expenses were $865,000. She was not able to return to her job as a housecleaner, losing $340,000 in income. She sued Choinski and CWPM claiming that Choinski negligently operated his garbage truck. It was claimed that he was distracted by his GPS device while preparing to turn left at the intersection. The lawsuit also alleged vicarious liability against CWPM.

The defendant argued that the operator of the motorcycle was unable to avoid the crash because he was speeding. The parties settled for $13.6 million.

The attorneys successfully handling this tragic case for VanDerMaelen were Gerard McEnery and Gayle Sullivan.

The VanDerMaelen legal team engaged experts in economics, life care planning, accident reconstruction and orthopedics. The defendants engaged an expert in accident reconstruction.

VanDerMaelen v. Choinski, No, NNH–CV-16-6065607S (Conn. Super. Ct. New Haven).

Kreisman Law Offices has been handling catostrophic injury lawsuits, motorcycle accident cases, wrongful death cases and automobile crash cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Melrose Park, Harwood Heights, Berwyn, Maywood, Lake Zurich, Palatine, Palos Hills, Prospect Heights, Long Grove, Chicago (Little Italy, Chinatown, Greek Town, West Loop, Lakeview, Lincoln Square, Bronzeville, Albany Park, Jackson Park, Washington Park, Lake Calumet), Winfield, Westchester, Waukegan, Joliet, Geneva, St. Charles, Hinsdale and Wheaton, Ill.