Chicago Personal Injury Lawyer Blog

The Chicago personal injury lawyers at the Abels & Annes wish you a safe and happy holiday weekend and we urge you to stay safe around fireworks displays this Fourth of July.

While some types of small fireworks are permitted in Illinois, it depends on the regulations in your village or municipality.

Fireworks are divided into two categories:

• consumer fireworks, which include such items as fountains, repeaters and parachutes.

• pyrotechnic displays, which use professional grade fireworks such as mortars, cake bundles, and ground displays that depict a picture.

It's important to note that several well-known types of fireworks, such as firecrackers, bottle rockets and Roman candles, are not allowed in Illinois under the new regulations, according to the Office of the State Fire Marshal.

Novelty fireworks, such as snakes, sparklers, and party-poppers, are not regulated by the state, although municipalities have the authority to enact an ordinance prohibiting the sale and use of sparklers on public property.

While legal, sparklers present a serious danger because of the high temperature of the wire during and after its use. Sparklers burn at temperatures of up to 1,200 degrees Fahrenheit and remain extremely hot long after the sparks have stopped.

Many children are injured each year by sparklers. Children playing with novelty fireworks must be closely supervised by adults to prevent injury.

Visit the OSFM website for information about Illinois fireworks' regulations.

In 2006, 11 people died and more than 9,000 were injured by fireworks, according to the Centers for Disease Control and Prevention, which offers more information about fireworks and fireworks safety. Fireworks can cause blindness, third-degree burns and permanent scarring and are a source of life-threatening residential and motor vehicle fires.

More than 100 people were injured by fireworks in Illinois last year, according to the Associated Press. The Chicago Fire Department reported 18 fireworks-related fires and four injuries.

Your best bet and safest route to seeing great fireworks this weekend is to go to a fireworks show put on by professionals. Even at a professional show, organizers have an obligation to keep burning debris are other material from falling into the crowd and causing injuries.

In Mount Vernon, the fire department is offering fireworks safety courses leading up to the Fourth of July.

“On fireworks safety, one of the biggest things we try to teach is that there is no safe firework out there,” MVFD Assistant Chief Kevin Sargent told the Register-News.

“Fireworks in the U.S. are regulated and the state of Illinois has decided to allow some fireworks. ... We try to teach people what fireworks are legal and illegal and the safety in handling and distance.”

Sargent, who also teaches the classes, said one of the biggest surprises he has noticed many people express during the training is the safety distances.

“Some fireworks project over 400 feet, and we need to keep spectators away that far so they aren’t injured or hit by debris from falling fireworks,” Sargent said. “... They need to be aware of the weather. Is it windy? The wind will change the direction of fireworks after it has left the shell or tube. Also, everybody thinks since it has rained and rained that a fire can’t start. But it is dry underneath the grass on top, and that can get hit and cause it to burn.”

The National Council on Fireworks Safety offers the following safety tips:

Use fireworks outdoors only.

Obey local laws. If fireworks are not legal where you live, do not use them.

Always have water handy. (A hose or bucket).

Only use fireworks as intended. Don't try to alter them or combine them.

Never relight a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

Alcohol and fireworks do not mix. Have a "designated shooter."

Only persons over the age of 12 should be allowed to handle sparklers of any type.

Do not ever use homemade fireworks of illegal explosives: They can kill you! Report illegal explosives to the fire or police department in your community.

Continue reading "Chicago injury lawyers issue caution regarding fireworks " »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Injuries to Children & Minors , Legal Advice , Personal Injury , Premises Liability

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In Chicago, Illinois 6 people were hurt in a car accident on Sunday, according to the Chicago Sun-Times. Two of the injured were children. The auto accident occurred around 2 am in the 8200 block of South Chicago Avenue on the Southeast Side. The driver of an SUV lost control and crashed.

There were no other vehicles involved in the accident. Occupants of the SUV were pinned in and 5 ambulances were sent to the scene. The Chicago Police Department handled the crash investigation.

The children, ages 9 and 10 were taken by ambulance to University of Chicago's Comer Children's Hospital. The driver was taken to Advocate Christ Medical Center in Oak Lawn and a female passenger was taken to Jackson Park Hospital. Two others who were reportedly injured refused treatment.

In a single car accident, a passenger can make an injury claim against the driver's auto insurance policy. This type of accident is not uncommon and our law firm handles these cases often.

Also see "Four hurt in early-morning car accident" at chicagobreakingnews.com.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Injuries to Children & Minors

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There are fewer instances of trains blocking Chicago streets, Canadian National Railway told regulators Tuesday, but acknowledged more work needs to be done after its purchase of Chicago area-tracks from Elgin, Joliet and Eastern Railway.

The company said it had 11 instances of trains blocking Chicago-area streets for 10 minutes or longer in May, compared to 14 in April and 50 in March when it first acquired the tracks that arc westward around Chicago through Illinois and Indiana suburbs, according to a report Tuesday in the Journal of Commerce.

The Chicago car accident lawyers at Abels & Annes monitor the local railway industry and its impact on motorists' safety. In addition to the deadly Rockford, IL, train crash last week, which was also operated by Canadian National Railway, instances of trains blocking area roads for an extended length of time can lead to car accidents.

Rear-end collisions are common. Motorists also can become understandably frustrated with the delay and attempt to drive around down-track gates, leading to the potential for accident and injury once the train begins moving again. And, when train blockages at intersections become a common occurrence, motorists can sometimes try to get through ahead of an oncoming train.

The Canadian railroad company also reported the duration of the delays is declining -- from several instances of roadway traffic being stalled for hours because of stopped trains in March, to two lengthy delays in April and one last month.

That train stretched more than a mile long with 106 loaded railcars and blocked a road at Joliet, Ill., for an hour, after stalling on an uphill climb as it headed out of town.

The company reports corrective action for each blockage in an attempt to pacify suburban complaints, where the acquisition is being contested in federal court. It also admitted the problem has been alleviated somewhat by a down economy and fewer freight loads and train trips.

Canadian National Railway also said it has made safety presentations at several area schools, and has posted 225 “no trespassing” signs on its railroad property from Gary, Ind., to West Chicago.

Continue reading "Fewer trains blocking area roads could reduce traffic accidents, Chicago car accident laywers say" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Train Accident

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In Rockford, Illinois a woman was killed Friday night after a Canadian National Railway Co. freight train derailed, according to the N.Y. Times. The victim was in a car waiting for the train to pass by. The rail cars were carrying ethanol, and when 18 cars derailed there was a large explosion. Hundreds of people from nearby homes had to be evacuated.

At one point 14 train cars were on fire, and 5 were still burning the next morning. The flames lasted though Saturday. 74 cars on the train were carrying ethanol.

Three other people at the scene were able to flee from their cars and survive, however they were severely burned. They were taken to area hospitals for treatment. The woman who died, Zoila Tellez of Rockford, also tried to flee, but only made it 20 feet and then collapsed.

The Chicago area train crash being investigated by the Federal Railroad Administration, Canadian National, and the National Transportation Safety Board.

The Associated Press has reported that the NTSB was taking a look at high water levels in the area of the crash as a possible cause. There was heavy rainfall in the Chicago area during the days prior to the derailment.

It has not been reported if the estate of the the deceased or the burn victims have retained personal injury lawyers to pursue a civil claim

Posted by Dave Abels | Permalink | Email This Post

Posted In: Train Accident , Wrongful Death

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A Galeana man injured in a fall in a high school construction site accident has been awarded the highest jury verdict ever rendered in Jo Daviess County.

William Theiss, 52, was awarded $1.9 million after the two-week trial, which centered on the April 2003 accident at River Ridge High School in Hanover. Thiess was working as a painter when he toppled off a 15-foot-high lift -- he tripped on a chain serving as a substituted for the safety-mandated guardrails, according to a story in the Dubuque Telegraph Herald.

Theiss has undergone 16 surgeries after crushing his foot, ankle and heel. Doctors told him he can no longer stand for more than an hour at a time and confined him to light duty. He sued the construction management company, Hoffman Construction Company, and the drywall contractor, CIDAC Inc.

"I've worked on these kind of lifts all my life, so I just assumed it was safe," Theiss said. "I was just doing the job I'd been doing my whole life."

The jury found Theiss 30 percent at fault, which resulted in reducing his original $2.8 million award to $1.9 million. They awarded Theiss $777,660 for wage loss, $791,667 for pain and suffering, $625,000 for disability, $279,167 for disfigurement, $339,000 for medical bills and $27,000 for prescription orthotics for his heel.

"I wouldn't say that it makes me forget about the last few years, but at least now I'm not going to have to worry about paying my electric bill," he said. "But it's not going to be life on easy street for me. There are a lot of bills to pay."

The largest sum previously awarded for a personal injury in the county was $1.05 million after a man sustained serious brain injuries following a tractor-car collision.

Continue reading "Illinois painter awarded $1.9 millon for injuries in fall at construction site" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Construction Accident , Slip and Fall , Work Injuries

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The Chicago personal injury lawyers at Abels & Annes have recovered $255,000 on an underinsured motorist claim for a woman who was struck by a car leaving church following Good Friday services.

The client was hit in a crosswalk at Irving Park and Austin as she left Polish Jesuit Fathers. A driver turning left did not see the client, who was crossing the street on a walk sign.

Chicago attorney David Abels said the driver's insurance carrier, Allstate, paid $50,000. The firm then collected an additional $200,000 on an underinsured claim from the client's insurance carrier, which were the limits of the policy, as well as $5,000 in medical payment coverage.

Abels said timely recovery of the $255,000 will assist the woman in recovering from serious injuries.

The woman was rushed to Lutheran General Hospital in Park Ridge with severe head injuries and underwent emergency surgery, Abels wrote in a previous blog. The client had a large piece of her skull temporarily removed and spent time in a coma.

"In reality, no amount of money is ever going to change the situation for our client. This is a lifelong injury that is going to affect her for the rest of her life," Abels told CBS2 in Chicago about pending legislation that would require motorists to come to a complete stop when someone is crossing the street.

The serious injury or death of pedestrians who are struck by motorists continues to be a serious problem -- more than 4,600 pedestrians were killed in 2007, including 171 people in Illinois.

The Chicago Department of Transportation is stepping up enforcement in conjunction with the Chicago Police Department. The operation puts undercover officers in crosswalks posing as civilians. Drivers who fail to yield face fines of $50 to $500.

“Providing a safe pedestrian environment is our No. 1 goal,” said CDOT Commissioner Thomas G Byrne. “This initiative is designed to increase awareness among motorists about the importance of stopping for pedestrians. People should be able to safely cross the street in their neighborhoods.”

Continue reading "Chicago pedestrian accident lawyers at Abels & Annes recover $255,000 for victim of crosswalk car accident" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Pedestrian Accident

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In Romeoville, Illinois an elderly husband and wife were killed Thursday afternoon when their car was hit by an Amtrak train after they allegedly went around a descending crossing arm and started across the tracks, according to the Naperville Sun. The train accident occurred at New Avenue and Romeo Road around 1 pm.

The couple, Harry C. Hoffman, age 74 and his wife, Doreen J. Hofman, age 64 died at the scene. The damage to the vehicle was so bad that the police are not yet able to state who was driving the car. One occupant was ejected from the vehicle and the car was badly damaged and knocked several hundred feet down the tracks.

There are several issues related to the train crash being reported. First, while the gates descended there was still a green light for traffic, which police are speculating may have confused the driver. Further, witnesses are reporting that the car made a right turn on to the tracks as the gates were still descending, not after they were already down.

It is likely that Chicago train crash lawyers will soon be involved. The attorneys that handle the case will likely retain train safety experts to help them determine the causes of the accident.

One issue that I am curious about is the the fact that the couple's car was hit while the gates were still on the way down, or had just gotten down, by a train traveling at a high speed through a congested suburban area. (Were the gates dropping too late? Was the train speeding?) Further, I would like to know more about the traffic lights and whether the crossing is confusing to drivers.

It is being reported that this deadly accident is not the first train vs. motor vehicle collision at this crossing.

Continue reading "Chicago bound Amtrak train hits and kills Joliet couple" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Train Accident , Wrongful Death

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The American Trucking Association is rolling out an 18-point safety plan this month that it claims will improve highway safety, in part as a response to the recent $23.8 million jury award stemming from a 2004 Chicago trucking accident that claimed two lives near Plainfield, Illinois.

The Chicago trucking accident lawyers at Abels & Annes applaud any move that will improve trucking safety. A 4,000 pound passenger vehicle doesn't stand a chance against an 80,000 pound semi traveling at 70 mph. Jury awards are often high because the injuries are catastrophic and liability can be compounded by overweight trucks, tired or inexperienced truck drivers and unsafe or poorly maintained trucks as trucking companies struggle to remain profitable in a tight economy.

"As the U.S. logistics and freight industry becomes increasingly dedicated to meeting ever-tighter supply chain delivery windows, American trucking fleets are trying to become even safer," the ATA announced, noting the industry claims to be the safest it has been since the U.S. Department of Transportation began keeping crash statistics in 1975.

Safety advocates believe the 18-point plan is a move in the right direction.

“I appreciate all the work that’s been done and I believe (the new safety agenda) is a good platform as we move into the next highway authorization process,” said John Hill, a former former Federal Motor Carrier Safety administrator. ATA’s new strategies “specifically address driver deficiency areas and give drivers tool they need to improve highway safety."

Others argue the plan is aimed at improving the group's image as it pushes for even heavier trucks, approaching 100,000 pounds. The Truck Safety Coalition blasted ATA for not going far enough.

“This is about longer and heavier trucks,” said Jennifer Tierney of Kernersville, N.C., who says her father was killed in a truck-related accident. “That’s what their agenda is. Bigger vehicles are more dangerous vehicles."

Tierney said if the trucking industry were serious, it would commit to reducing truck driver fatigue by reducing the legal hours they can drive (which is now up to 88 hours in a little over a week), support electronic on-board recorders (EOBRs) and support increased mandatory behind-the-wheel driver training.

Yet advocates for the trucking industry say the number of trucks involved in fatal crashes has dropped 10 percent in the past two decades, despite a 50 percent increase in the number of registered trucks and a 70 percent increase in truck miles traveled.

The ATA's plan calls for:

Improving Driver Performance:
1. Policy on the use of non-integrated technologies while the vehicle is in motion
2. Policy supporting uniform commercial drivers license (CDL) testing standards
3. Policy supporting a CDL graduated licensing study
4. Policy supporting additional parking facilities for trucks
5. Policy supporting a national maximum 65mph speed limit for all vehicles
6. Policy supporting strategies to increase the use of seat belts
7. Policy supporting a national car-truck driver behavior improvement program
8. Policy supporting increased use of red light cameras and automated speed enforcement
9. Policy supporting graduated licensing standards in all states for non-commercial teen drivers
10. Policy supporting more stringent laws to reduce drinking and driving
Safer Vehicles:
11. Policy supporting targeted electronic speed governing of certain non-commercial vehicles
12. Policy supporting electronic speed governing of all large trucks manufactured since 1992
13. Policy supporting new large truck crashworthiness standards
Safer Motor Carriers:
14. Policy supporting a national employer notification system
15. Policy supporting a national clearinghouse for positive drug and alcohol test results of
CDL holders
16. Policy supporting a national registry of certified medical examiners
17. Policy supporting access to the national Driver Information Resource
18. Policy supporting required safety training by new entrant motor carriers
For more details on ATA’s 18-point safety initiative, go to www.truckline.com.

Continue reading "Chicago trucking accident lawyers monitor trucking industry safety initiative" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Truck Accident

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At least four Chicago-area motorcycle accident deaths in May have advocates looking at ways to punish distracted drivers and increase awareness to prevent motorcycle accidents as the summer riding season gets into full swing.

The Chicago motorcycle accident attorneys at Abels & Annes have been active in promoting motorcycle safety awareness on this blog, publishing 10 things drivers should know about motorcycles, and a safe riding blog earlier this month.

Abels & Annes is also taking a look at distracted driving as part of its Summer Safe Driving Series.

"We are a nation of distracted drivers and it's costing us lives and property damage," Mami Pyke wrote in the Daily Herald on Sunday. "One local case that's provoked outrage is the death of motorcyclist Anita Zaffke of Lake Zurich, killed May 2 by another driver who was polishing her nails instead of watching the road, police say."

Pyke said Zaffke's death is giving weight to a call to give authorities additional means to punish distracted drivers in addition to charges like reckless homicide, which can be difficult to prove against distracted drivers.

Legislation sponsored by Rep. William Blake, R-Danville, would create a misdemeanor category of negligent vehicular homicide, which could result in up to a year in jail and a $2,500 fine. Black pushed for the reform after a 25-year-old Urbana cyclist was killed by a driver who went off the road while downloading ring tones on her cell phone.

Illinois motorcycle accidents and fatalities continue to increase. From 4,119 in 2005 to 4,819 in 2007. There were 154 Illinois motorcycle deaths that year, according to the Illinois Department of Transportation.

"This is the ugliest start to riding season in Illinois that we ever have seen," Dean Akey, a veteran biker and owner of an Allstate Insurance business in St. Charles, told the Daily Herald.

Motorcyclists are among the most vulnerable travelers on our roads. Please give them a break this summer. Pay attention while driving, return or motorcycle friends home safely to their families and give yourself a break from the grief and heartache hitting a motorcyclist can cause.

Continue reading "Increase in Chicago motorcycle accidents blamed on distracted drivers " »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Motorcycle Accident

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On the South Side of Chicago a single car accident has resulted in a nine-year-old's head being thrown into a windshield, and the child's mother being charged with driving under the influence of alcohol, according to ABC News. The mother, Cheryl Ranae Reynolds, hit a viaduct Saturday night near East 83rd and South Jeffery after she allegedly reached down to pick up a bottle alcohol she dropped on the floor.

The mother has been charged with aggravated DUI and not wearing a seat belt. The Chicago Police Department is handling the investigation. The extent of the child's injuries have not yet been reported.

While the mother caused the accident, that fact does not bar an injury claim by the minor child against her mother and mother's auto insurance carrier. If the mother had valid auto insurance, the child will be able to pursue a claim.

In a similar case, personal injury and wrongful death lawyers at Abels & Annes currently represent a father who lost his two daughters in an auto accident. The girls were in their mother's minivan when she crossed the center line and struck another vehicle head on.

The fact that the mother's actions caused the accident does not bar the childrens' estates from recovering against the mother's estate and her insurance company. Car accident lawyers at our law firm expect to recover the insurance policy limits on behalf of the childrens' estates over the next several weeks.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , DUI , Personal Injury

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Chicago personal injury lawyer Dave Abels was interviewed on WUIS 91.9 Wednesday about pending legislation that would criminalize driving without insurance and the need to increase Illinois' minimum mandatory coverage levels.

"The way the law stands right now it just doesn't provide real protection for people who are seriously injured in auto accidents," said Abels, of Abels & Annes, a Chicago law firm that handles car accidents, motorcycle accident and other personal injury claims. "It covers you for small accidents but not the big accidents that you really care about where your life is changed forever."

The station contacted Abels after he blogged about the law last month here at www.chicagopersonalinjurylawyerblog.com

Under current law, uninsured motorists face a fine of $500 to $1,000 and a license suspension for 3-6 months. The new law, which is awaiting signature by Gov. Pat Quinn, makes driving without insurance a misdemeanor criminal offense carry the threat of up to a year in jail and a $2,500 fine.

The law is named after Michael Dean, who was killed in 2006 by an uninsured driver who faced only a fine.

Abels said the new law is a step in the right direction but the state still needs to address its low mandatory insurance limits of $20,000 per accident and $40,000 per occurrence.

During the interview, Abels acknowledged that increased mandatory protection would be an added cost for motorists, but said the costs would be minimal and worth the added protection.

Continue reading "Chicago personal injury lawyer interviewed on public radio about proposed Illinois insurance law, minimum coverage standards" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Legal News , Personal Injury

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The Chicago motorcycle accident attorneys at Abels & Annes urge motorists to review "10 things all car, truck and bus drivers should know about motorcycles" to increase awareness as we enter the summer riding season.

The National Highway Traffic Safety Administration reported 5,154 motorcyclists were killed in the United States in 2007 and another 103,000 were injured. In fact, the number of fatalities has exploded with the increase in registered motorcycles over the last 10 years.

In 1997, 3.9 million motorcycles were registered and 2,116 fatalities were reported compared to the 5,154 deaths in 2007 when 7.1 million bikers were registered on our roadways.

"It's a fact that car drivers and other motorists are at fault most of the time in multiple-vehicle crashes that involve motorcyclists," said Motorcycle Safety President Tim Buche, of the Motorcycle Safety Foundation. "That's why we've initiated several public outreach tools specifically targeting the driving community. MSF has life-saving messages for everyone, whether they are behind a handlebar or behind a steering wheel."

MSF has launched a new website, www.forcardrivers.com, aimed at helping car, truck and bus drivers safely interact with motorcyclists. One of the leading motorcycle safety advocacy groups in the nation, MSF's primary website also offers a wealth of information geared toward safe motorcycle riding.

10 things Car, Truck and Bus Drivers Should Know About Motorcycles:

1. Over half of all fatal motorcycle crashes involve another vehicle. Most of the time, the motorist, not the motorcyclist, is at fault. There are a lot more cars and trucks than motorcycles on the road, and some drivers don't "recognize" a motorcycle – they ignore it (usually unintentionally).

2. Take an extra moment to look for motorcycles, whether you're changing lanes or turning at intersections. Because of its small size, a motorcycle can be easily hidden in a car's blind spots or masked by objects or backgrounds outside a car.

3. A motorcycle may look farther away than it is. It may also be difficult to judge a motorcycle's speed. Predict a motorcycle is closer than it looks.

4. Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance and predict a motorcyclist may slow down without visual warning.

5. Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off or to allow you to share the lane with them.

6. Turn signals on a motorcycle usually are not self-canceling, thus some riders (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle's signal is for real.

7. Maneuverability is one of a motorcycle's better characteristics, especially at slower speeds and with good road conditions, but don't expect a motorcyclist to always be able to dodge out of the way.

8. Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can't always stop "on a dime."

9. When a motorcycle is in motion, see more than the motorcycle - see the person under the helmet, who could be your friend, neighbor, or relative.

10. If a driver crashes into a motorcyclist, bicyclist, or pedestrian and causes serious injury, the driver would likely never forgive himself/herself.

Continue reading "Chicago motorcycle accident lawyers advocate review of 10 things all car, truck and bus drivers should know about motorcycles" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Motorcycle Accident , Truck Accident

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