Articles Posted in Auto Accidents

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A settlement was reached with the family of a 13 year-old quadriplegic boy whose injuries were sustained in a 2008 car crash in Skokie, Illinois. As a result, the boy is limited in his ability to communicate and is relying on a ventilator to breath. He is paralyzed from the neck down.

According to a lawsuit that was filed in 2009 against the driver of a sport utility vehicle that collided with a station wagon that was driven by the boy’s father, the boy was a passenger in the front seat when it was struck by the northbound SUV attempting to turn east onto Old Orchard Road from Skokie Boulevard. This crash took place in front of the Old Orchard Shopping Center, a usually congested traffic area.

During the discovery phase of the case, the parties disputed the speeds of the different vehicles, lanes in which they were travelling and the color of the traffic lights.

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A sixteen year-old high school student was injured in a head-on car crash suffering a broken right patella, fibula and tibia. Screws and rods were required to repair the right leg through the tibia. The student went through 2 years of medical treatment and physical therapy.

The driver of the defendant’s vehicle was employed by a real estate company when he crossed the center line colliding head-on with the high school student’s vehicle. The defendant admitted liability before the trial, but allowed the case to go the jury on damages. The jury awarded $1.28 million in damages to plaintiff based upon his medical bills, past and future, pain and suffering and loss of normal life.

It’s a widely known fact that teenagers are injured and killed at an alarmingly high rate on the nation’s highways and streets. Those numbers may suggest that teenagers are poor drivers, have slow reaction times or are using alcohol and/or drugs to obscure their senses and ability to drive safely. Those assumptions may be worth examining, but this sad case is representative of something else. An adult driver who became distracted by all of the devices we know are available today 24/7; radio, an old standard, now satellite radio, cell phones, Blackberries and street finders.

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In Illinois, parties to a lawsuit can file motions in limine in an effort to keep certain information from being brought up at trial. The Illinois Appellate Court recently reviewed an Illinois personal injury case, Ford v. Grizzle, No. 5-08-0185, after the plaintiff claimed the defense received a favorable jury verdict due to the Circuit Court’s denial of plaintiff’s motion in limine.

The plaintiff’s motion in limine sought to prevent evidence being introduced related to plaintiff’s two prior traffic accidents and injuries. However, the defense contended that this information was relevant because there was extensive medical evidence demonstrating that the prior injuries were relevant to the plaintiff’s current injuries.

The trial court denied plaintiff’s motion in limine and the information was allowed at the Illinois personal injury trial. The jury returned a verdict in favor of the defense, which led to the plaintiff’s appeal to the Illinois Appellate Court that the introduction of the evidence regrading the two prior injuries had prejudiced the jury.

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A recent Cook County personal injury verdict stands out from other Illinois auto accident cases due to its somewhat peculiar case facts. The Illinois personal injury claim was made on behalf of two men injured while sitting at the counter of Gold Coast Dogs, a Chicago-style hot dog chain. The plaintiffs were eating when a SUV crashed into the fast food chain’s window, striking the surprised plaintiffs.

As a result of the Illinois auto accident, one of the plaintiffs sustained a fractured ankle that required exploratory surgery and the other Cook County plaintiff suffered a non-displaced fibula fracture.

While it is certainly strange enough when a vehicle crashes into a building, in this Illinois personal injury claim the circumstances get even stranger. The SUV not only crashed through the window of the restaurant, but first crashed through a pedestrian gate as it was exiting a garage and then continued across the street and jumped the curb before crashing into the plaintiffs.

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In an Illinois motorcycle accident, a case involving a drunk driver shows how both the drunk driver and bar or liquor store are equally responsible for the ensuing actions.

After drinking at two different bars for about three and a half hours the defendant, Donald Adcock, took Jerica Klocke for a ride on his motorcycle. As they approached an intersection, Adcock lost control of his bike and crashed. He died at the scene. Klocke suffered severe injuries from which she died about 13 hours after the Illinois motorcylce crash. She survived by her parents and three brothers. She was 19 at the time of her death and was working as a medical receptionist with plans to go to college.

According to the Illinois Department of Transportation, “Approximately three out of ten Americans will be involved in an alcohol-related Illinois traffic accident in their lifetime.” While it is generally assumed it is wholly the fault of the drunk driver for an accident that may occur, this is not the case.

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Toyota recently announced another recall in the long line of Toyota recalls instituted since Toyota’s September 2009 recalls. In the past year around 8 million Toyota vehicles have been recalled and now over 400,000 of their hybrid vehicles, including the high selling Prius, have been recalled.

The unusually large number of recalls due to potential product defects have caught the attention of the top safety officials at the U.S. Department of Transportation. Transportation Secretary Ray LaHood and other top auto safety officials have made requests for information from Toyota since November, but the manufacturer has yet to comply with the requests.

It has been suggested by a senior American Transportation official that executives at Toyota were “dragging things out” and that the U.S. officials have had it with the automaker’s lack of corporation regarding its auto product defects. The official goes on to state that they “were getting excuses [from Toyota] that didn’t make sense anymore.”

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Intersections are prime spots for Illinois car accidents. As drivers and pedestrians you should be extra cautious at intersections and crosswalks. A recent Chicago car accident illustrates just how dangerous intersections can be.

On the evening of January 10, 2010, an Illinois driver ran a red light on Chicago’s Southside and struck another vehicle. While the driver was cited for his negligence by the Chicago police, the Chicago car crash left two individuals from the second car in critical condition.

Unlike other areas of the roadway, where drivers are driving in similar directions, at intersections there are many different directions of traffic that converge. For example, in the above Illinois car crash, the driver running the red light struck the other car who was attempting to make a left-hand turn. Presumably when the driver was looking to turn left he was looking to make sure that oncoming traffic was clear and not for any drivers that were potentially disobeying the traffic signals.

While it is always a good idea to be a defensive driver and aware of your surroundings, this is even more important at an intersection. When auto accident victims are interviewed they often say that the other driver came out of nowhere. This could be attributed to the fact that there are so many factors to be aware of in an intersection yet our eyes cannot be looking everywhere at once. Therefore, when a driver comes from an unlikely source, e.g. from running a red light, it might seem that they appeared out of thin air. So please practice extra caution when driving or walking in intersections and make sure to always obey all signals and rules of the road in order to avoid potentially deadly Illinois auto accidents.

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Common sense tells us that anytime a car accident involves a pedestrian that the results are not going to be good. Pedestrians are no match for the steel and speed of a moving vehicle. However, with immediate medical attention a fatal outcome may be averted. Unfortunately, a west-side Chicago woman was not offered this chance; she was a victim of a hit and run.

Late this evening an 82 year-old woman in Chicago’s Austin neighborhood was walking across the street when she was struck by a car. The motorist not only failed to report the Illinois automobile accident, but also fled the scene. Police were able to apprehend the driver thanks to eyewitness reports.

The automobile driver has been charged with failure to report an accident involving death and for leaving the scene of an accident involving an injury or death. The individual was also cited for operating his motor vehicle without insurance and failure to give the right of way to a pedestrian.

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According to the Chicago Tribune, since 2001 over 1,000 Toyota and Lexus owners have reported that their cars having suddenly accelerated on their own. Sometimes these runaway cars were found after crashing into trees, parked cars, brick walls, and other obstacles. In fact, some of these crashes have resulted in death with as many as 19 deaths directly related to sudden accelerations reported over the last ten years.

To date there have been no less than eight investigations into the sudden accelerations in Toyota and Lexus cars by the National Highway Traffic Safety Administration (NHTSA) over the last seven years. NHTSA investigated the cases from all angles, including whether there was any product defect responsible for the occurrences.

Toyota recalled around 85,000 vehicles in response to two of those inquiries, but the federal agency closed six other cases without finding a defect. Some of those cases closed by federal officials were those in which drivers said they were unable to stop runaway cars even trying to stop by using their brakes. In spite of the NHTSA closing some of these cases, fatal crashes involving Toyota cars have continued to rise.

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A recently settled Illinois wrongful death case presented a unique theory of liability that targeted the owner of a restaurant more so than the driver who caused the Illinois car accident.

The decedent was tragically killed when an 85 year-old man mistakenly accelerated instead of braking, crashing his Chrysler Sebring into a Subway sandwich shop at a busy Chicago intersection. The decedent was killed when the driver’s vehicle slammed into the store and pinned the patron between the car and the restaurant counter.

The decedent’s estate relied on the Illinois Supreme Court case of Marshall v. Burger King Corp., 222 Ill.2d 422 (2006), in which the Illinois Supreme Court overturned a “no-duty” ruling of the trial court and determined that business owners had the duty to protect patrons from out-of-control vehicles crashing through their walls. Targeting the owner of the premises, in this case Subway, set the current case apart from many other theories of liability. The estate alleged that Subway’s negligence in preventing the Illinois car accident was foreseeable because of the poorly designed parking lot and the lack of protective barriers between the lot and the front of the restaurant.

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