Chicago Personal Injury Lawyer Blog

June 19, 2013

Hockey Brings Injuries for Fans in Two Separate Games

127754_hockey_goal.jpg Anyone who lives in Chicago knows that sports are taken seriously here. With five professional teams, legendary players, and a history of elite success, fans are fortunate to cheer for their Chicago teams. But this fanfare does not come without risk and when a fun evening turns tragic, it can be difficult to figure out who, if anyone is to blame.

The news has been filled with recent descriptions of fans injured at professional hockey games. With the Blackhawks pushing for a championship and the coveted Stanley Cup, fans have been turning out in droves to watch the games in person. Most of these fans have enjoyed the games without incident but two women have been injured by errant pucks that traveled into the stands.

The fist incident occurred in May when the Blackhawks were facing the Detroit Red Wings in the NHL playoffs. It was game five and the woman was watching the game in person with a friend. A slapshot caused the puck to fly through the air and strike the woman in the head with significant force. The woman was shaken and thought she was fine for a moment but then blood began to run down her head and face. Realizing she was injured, the fan sought medical treatment and learned that she needed five staples to close a gash on her head. She also sustained a concussion and is currently recovering from her injuries.

If this first incident wasn't bad enough, a second fan was hit with a puck on Wednesday night at the United Center during the Blackhawks' game against the Boston Bruins. Then, a woman and her daughter were watching the game as a puck flew at them. The daughter escaped injury but the mother was struck in the face and seriously injured. She was transported by ambulance to Rush University Medical Center where doctors stitched a long gash on her face. The mother sustained a bruised retina that left her unable to see immediately after the accident. She now has about 50 percent of her vision and doctors hope that she will regain it fully in time.

Injuries to fans at major league sports events are more common than some may realize. The issue in these cases becomes whether the injury was preventable and whether it occurred due to the fault of someone, including an employee or a company. This is a very difficult determination to make and can take a lot of investigative work and fact finding before the truth is learned.

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June 18, 2013

10 Year Sentence for Drunk Boater Who Killed Child

885969_boat.jpg A Bartlett man who hit and killed a 10-year-old boy last summer with a boat has been sentenced to 10 years in prison after pleading guilty to aggravated driving under the influence.

The accident happened last summer in the Chain O' Lakes in Lake County, Illinois. The boy was tubing with his family but lost the rope. As their boat circled back to pick up the child, his family watched as a boat driven by the Bartlett man speed towards and hit the child. The boat ran over him and the propeller caused too much damage to his body for the boy to survive.

The boater was arrested after the incident and tests revealed he had alcohol and cocaine in his system while he was operating the boat. Armed with this information, prosecutors charged the driver with reckless homicide and aggravated driving under the influence. The man pleaded guilty to aggravated driving under the influence and the sentencing phase concluded last week after a two day hearing. During the hearing, the defendant apologized for his actions to the family of the boy and a witness testified that the water was choppy that day, making it difficult to impossible to see a small boy in the lake. The defendant's ex-wife also testified on his behalf as the two have a mentally disabled daughter that the defendant cares for and supports. Despite this testimony on the defendant's behalf, the presiding judge sentenced the man to 10 years in prison, the same number of years that the victim was alive.

The family of the victim testified about how this accident has affected their lives. Though they know the sentence will not bring the child back, the family is hoping that this case will deter future boaters from this kind of reckless behavior. They have set up a fund in the boy's memory and plan to raise awareness for boating accidents.

The tragic thing about any accident caused by a driver under the influence of drugs or alcohol is that they are unnecessary and can be prevented. By abstaining from consuming any substance that may negatively affect the ability to drive, a driver of a car, operator of a boat, or other person controlling a motorized vehicle will be safer than those who consume drugs.

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June 17, 2013

Woman Killed in Bridgeport Hit-and-Run Crash

1375248_untitled.jpg A 21-year-old woman was killed after she was hit by a speeding car in Bridgeport on Friday night. The driver of the car did not stop after the crash and fled the scene and is currently being sought by police.

The crash happened as the woman walked across Morgan Street near the intersection with 32nd Street in Bridgeport. While she was in the street, a dark colored speeding car who was southbound on Morgan hit the victim and threw her in the air. Emergency responders arrived but the woman did not respond and died of her injuries while still at the scene of the collision.

The victim was a well-known barista at a coffee shop just a block away from the crash and was known as a promising local artist. Her interests sought her to pursue her education at the American Academy of Art in Chicago, from which she graduated just last month with a specialization in graphic design.

Traffic on southbound Morgan Street has a stop sign at the intersection with 32nd Street, requiring every vehicle that travels there to yield the right-of-way. There is a marked pedestrian crosswalk on the north side of the intersection as well and pedestrians cross there daily. It is not yet clear whether the driver ran the stop sign or whether the victim was within the crosswalk at the time of impact or whether what citations, if any, will be found by the driver if police are able to locate him.

Anyone with information about this accident should immediately contact the Chicago Police Department.

Regardless of who is at fault, if you are involved in an accident in Illinois, the law requires you to stay at the scene until you have spoken to a police officer and the police officer has obtained your basic information. This law has many purposes, one of which is to have the police and ambulances called if a victim is unable to do so. When a driver flees the scene and leaves a victim unconscious, the victim cannot call an ambulance or otherwise get help, delaying any treatment and significantly increasing the changes that the injuries will become permanent or even turn fatal, as they did in this case.

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June 14, 2013

Chicago Bike Week Hits the City

1917.jpg Chicagoans likely saw an increase in bicycle traffic through the city this week in honor of the annual celebration of Chicago Bike Week. Designed as a way to promote cycling within the city limits, Bike Week events took place throughout the week in honor of cycling which increases in popularity every year. Whether biking to work, for exercise, or for pleasure, the number of bicyclists on the street continue to rise and with it, bicycle-related incidents with vehicles, pedestrians, and even other bikers. One of the more visible events will be a Bike to Work rally at Daley Plaza on Friday with hundreds of guests expected to attend.

All of this is in line with Mayor Rahm Emanuel's continued push to make Chicago a more bike-friendly city. He has pushed new programs and area development to add bicycle lanes, a city bike rental program, and even separate traffic signals for cyclists along some popular routes. Currently Chicago has 170 miles of designated bicycle lanes along the city's streets but current plans have this increasing to 645 miles by 2020.

With an estimated 20,000 riders commuting to work by bicycle every day in Chicago, it is a good idea to increase awareness of the presence of bicyclists within the streets. In many collisions between bicycles and cars, drivers fail to see the biker in time to avoid a crash. With increased awareness placed on cycling comes an increased chance that drivers of cars will make a concerted effort to look for bicycles on the street. As these crashes can cause serious or even fatal injuries, it is important to the city to prevent as many as possible from occurring.

Nationally, Chicago has been one of the most dangerous big cities for bicyclists in terms of safety. There are a large number of bicycle accidents, injuries, and fatalities every year in Chicago even though safety features like designated bicycle lanes continue to be added. For bicyclists, safety is a main concern any time they ride but since cyclists can only control their own actions, some of their safety falls to the hands of the drivers on the road. To keep the streets as safe as possible, both bicyclists and drivers must always be aware of one another and treat each other with caution.

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June 13, 2013

Berwyn Man Killed in Work Accident

321574_forklift.jpg An on-the-job accident claimed the life of a 47-year-old Berwyn man on Tuesday, according to authorities. The man died from multiple crush injuries after sustaining hits from multiple falling objects at M.S. International, his employer, in Elk Grove Village.

According to its website, M.S. International sells premium surfaces for floors, countertops, wall tiles, and outdoor hardscaping. Their products include tiles, countertops, slabs, and stones made out of marble, granite, quarts, stone, sandstone, and slate, to name a few. The location in Elk Grove Village is a distribution center and serves an unknown area with product. The details of the fatal incident are not yet clear but authorities have confirmed that the man was struck as several objects fell to the ground and that the man was pronounced dead at M.S. International early Tuesday morning.

The Occupational Safety and Health Administration, more commonly known as OSHA, confirmed that it is investigating the incident but it has yet to provide any more information.

Workplace accidents happen every day in Illinois and unfortunately result in the death or injury of thousands of workers each year. OSHA is charged with enforcing workplace safety and keeping statistics of work-related accidents, and they state that 4,609 workers were killed in accidents in the United States in 2011. This averages to nearly 90 workers per week or 13 workers every day. Of those national fatalities, 117 occurred in Illinois, 20 of which were caused by contact with objects and equipment. That is nearly two workers each month who are killed in this manner, leaving their families without the support they once provided.

Illinois law protects any worker who is injured or killed while on the job by providing workers' compensation to those employees. This means that a worker who gets hurt is entitled to have their medical bills paid, to be paid for any time they miss work due to the injury, and other financial benefit, depending on the injury. If the worker is killed, then the worker's family is entitled to compensation for their loss. This type of claim is fairly unique in Illinois because a worker or the worker's family is entitled to this coverage regardless of who was at fault for the accident.

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June 12, 2013

Wrongful Death Civil Suit Settled against Driver High on Chemical Fumes

20130611_145610.jpg A civil suit for wrongful death of a 5-year-old has been reportedly settled against the at-fault driver, according to local court records. The incident stems from a Labor Day car accident with a Highland Park teenager behind the wheel.

Police say the 18-year-old woman lost control of her Lexus while driving on Central Avenue in Highland Park. She veered across multiple lanes of traffic and drove up on a sidewalk where she struck a woman and the woman's three children. A five-year-old girl died as a result of the accident and the woman and two other children were injured.

When police began an investigation into the crash, they noticed a bottle of computer dust cleaner in the teenager's car. Blood samples were taken and the Illinois State Police Crime Laboratory ran a toxicology panel, which revealed the presence of Difluoroethane, the same chemical that is present in the computer dust cleaner that was present in her vehicle. This lead authorities to the conclusion that the woman had been "huffing," or inhaling the chemical from the bottle in an effort to get a high from the cleaner. With this information, the state's attorney charged the driver with one count of reckless homicide and four counts of aggravated driving under the influence of an intoxicating compound.

These criminal charges could lead to a sentence of up to 26 years in prison if the driver is convicted on all counts. In addition to these charges, the family of the killed child filed a civil lawsuit for their loss, and court records show that suit was settled for an undisclosed amount on May 7, 2013. The criminal trial in this matter has been delayed twice and is currently set for September 27, 2013 with the defendant currently free after posting a $500,000 bond.

This tragic case illustrates just how easy it is to be a victim of a reckless driver when drugs are involved. These cases are often difficult because, unlike alcohol, there is no standard limit for determining when a driver is under the influence of a drug, meaning when the driver feels the affect of any substance such that his or her ability to drive is impaired. This impairment prevents drivers from making rational and appropriate decisions on the road, putting safety before all else, and even following basic rules of the road, like stopping for red lights or yielding the right of way.

With no standard for measuring drug impairment, it is critically important that all evidence be preserved in accidents where drugs may be a factor. As in this case, many factors pointed to a drug involvement, including the actions of the defendant, the presence of a container of chemicals in her vehicle, and her erratic driving. In Illinois, it is illegal to drive with any detectable amount of a prohibited drug or chemical in your system or even the drug's metabolites. Having the presence of a prohibited drug in your blood stream creates a presumption that a driver is under the influence and may lead to criminal charges as a result.

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June 11, 2013

Chicago Hit-And-Run Leaves Grandmother, Grandson in Hospital

1504.jpg On Monday evening, Chicago police officers received a call of a hit-and-run in the block of 6400 South Paulina Street in West Englewood. When they arrived, they found a 64-year-old woman and her 14-year-old grandson injured at the scene.

Reports indicate that a teal Pontiac Montana minivan struck the two victims as they crossed South Paulina Street. The minivan sped away after the impact and did not render any form of aid to the woman or her grandson.

Paramedics took the grandmother to Advocate Christ Medical Center in Oak Lawn for examination and treatment of her injuries. The fire department listed the woman in serious condition but her physicians at Advocate Christ have since declared her in critical condition as a result of the crash. Her grandson was transported to the University of Chicago's Comer Children's Hospital where doctors have declared him in fair condition. It is not yet clear what injuries either suffered in the collision.

Police continued to investigate the accident and shortly after the 6:00 p.m. collision, they located a minivan fitting the description. The driver was pulled over and arrested in connection with the hit-and-run but the police are seeking help from any witnesses in the matter.

If you have any information regarding this accident or who was driving the van at issue, please call the Chicago Police Department.

It is Illegal in Illinois to flee the scene of an accident that you were involved in before speaking with police and other responding officers, whether or not the collision was your fault. Leaving the scene of an accident can be a felony violation of the law, meaning that drivers who do so can face serious time in prison if convicted. Not only is it against the law, but leaving the scene of a crash also significantly endangers anyone who has been injured in the accident. If a victim is unable to call for help and a driver flees the scene, the needed medical attention may be significantly delayed and result in further injury or even death.

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June 10, 2013

3-Year-Old Attacked By Pit Bulls in Chicago Home

photo%204.jpg A 3-year-old boy was mauled by two pit bulls in the South Shore neighborhood of Chicago last Monday evening. He sustained puncture wounds to his ears, neck, body, and legs before an adult neighbor came to his rescue and fought off the dogs.

The child was visiting a home in Chicago when two pit bulls attacked him indoors. It is not clear who owned the house or the dogs or if there was adult supervision at the time of the attack. However another child, a cousin of the victim, ran to the yard of a neighbor for help, saying her 3-year-old cousin was being attacked.

The neighbor did not hesitate but picked up a piece of wood and ran to the house, jumping a fence on his way. As he heard the child crying, he knew he had to act and he wrestled the dogs away from the boy. After carrying the boy to a nearby fire station, the neighbor went back to the house to get two kids who had been upstairs at the time of the attack.

Fire fighters made sure the child got the medical attention he needed at Comer Children's Hospital and doctors have said his injuries are not life threatening. The other children were not injured by the dogs and officials at the fire station have credited the neighbor with saving the boy's life.

Illinois requires all dog owners to be in control of their pets. If a dog attacks, even if it has never done so before, the owner or caretaker is held liable for any injuries caused by the dog. There are exceptions to this rule, primarily when the dog is provoked by the person attacked or if a person is trespassing or otherwise in an area where his presence is not authorized. This means in the vast majority of cases where a person is attacked by another's dog in Illinois, there can be a claim for injuries.

The attorneys at Abels & Annes, P.C. regularly represent clients who have been harmed by a dog. In 2012, we settled a case for a client who sustained a broken arm after he was chased by a viscous dog. In that case, the dog never bit or even touched our client but the dog's threatening behavior caused our client to jump a fence to escape and break his arm upon his fall. In 2013, we filed a lawsuit on behalf of a man who was chased and attacked by two pit bulls. The man suffered serious injuries to both of his arms and required multiple surgeries.

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June 6, 2013

Philadelphia Building Collapse Kills at Least 6, Injures 14 Others

910402_fire_aftermath_2.jpg A Salvation Army Thrift Store collapsed in downtown Philadelphia on Wednesday, killing six and injuring 14 with its rubble, but authorities caution that those numbers could increase as the search for bodies continues.

The collapse occurred at 22nd and Market Streets in the Center City district of Philadelphia, a popular business and residential section of the city that possesses most of the skyscrapers in the area. As crews worked to demolish a building next door, an event occurred that caused the building to fall onto the Salvation Army, which collapsed into a pile of debris, trapping an unknown number of shoppers and pedestrians on the adjacent sidewalk in its rubble.

It is not yet clear what caused the scheduled demolition to go awry but one construction worker said he saw a crane remove a support beam just before collapse. Another witness said it appeared that a backhoe hit the back of the building at about the same time as the collapse. Witnesses have indicated that the wall of the building to be demolished that was closest to the thrift store began to fall to the side and that the wall was what actually hit the Salvation Army.

Since the collapse, rotating fire companies have been working constantly to sort through the debris to look for victims and survivors. So far, 14 injured have been found and taken to area hospitals for medical treatment. An additional six people, five women and one man, have been found dead.

Much of the wreckage remains to be sorted and cleared, meaning there is a potential for an increase in the number of casualties. Of those who survived, it is not yet apparent whether any have life-threatening injuries. Hope remains high for the survivors, though, especially as rescuers managed to pull a woman 12 hours after the incident. The woman was alive and able to squeeze the hands of her rescuers and could even speak to them as they were working to free her.

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June 5, 2013

Driver Faces Reckless Homicide Charge for Crash that Killed Bicyclist

116.jpg The driver responsible for a collision with a well-known Chicago bicyclist on Wednesday has been arrested and charged with reckless homicide, according to local police.

The bicyclist, described by his friends as a city cycling ambassador, was riding in the street in the 1300 block of North Clybourn Avenue on Wednesday evening when a southbound driver in a Mercedes struck him, causing a violent collision.

A nurse came upon the crash shortly after it occurred and rendered emergency treatment to the victim until paramedics arrived. He was transported to Northwestern Community Hospital where the cyclist later died.

The driver of the Mercedes stayed at the scene and was interviewed by responding officers. Based upon the collision, the driver was taken into custody and later charged with reckless homicide, felony aggravated driving under the influence involving death, and other misdemeanor charges.

The victim in this crash was known and liked by many in the Chicago bicycling community. He rode his bike to work everyday and was always happy to discuss biking with anyone who was interested. Friends say he was previously employed at an outdoor sporting store in Lincoln Park where he was all too happy to load up on biking gear and talk with customers about cycling in the city.

A regular at Chicago's Critical Mass monthly bike rides, the victim was honored and remembered at last week's ride from Daley Plaza through the city. The victim has also participated in rides specially designed to bring attention to bicycling safety, including the recent Ride of Silence that hit the city. Ride of Silence is a world-wide movement that organizes a ride in hundreds of cities on the same day at the same time to bring attention to bike safety and as a remembrance of those killed while riding.

The area of this collision allows bicyclist to ride in the same lane as vehicular traffic and requires bikers to follow the same rules of the road. In an effort to make the roads safer for cyclists and drivers alike, the city has taken significant steps to create designated bicycle lanes, separate bicycle traffic control signals, and even installing barriers between the lanes of bike and vehicle traffic in downtown areas to keep traffic as efficient and as safe as possible.

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June 3, 2013

Cab Driver Cited in Fatal Crash with Pedestrian near Midway Airport

038.jpg A collision between a cab and a pedestrian last week that resulted in the death of the pedestrian has resulted in formal charges being brought against the cab driver, according to local police. The collision occurred last Monday near Midway Airport along the 5200 block of South Cicero Avenue in Chicago.

The cab driver was reportedly speeding down the road just before midnight when he struck and killed a pedestrian from Oklahoma. Another driver behind the cab witnessed the crash and said the cab driver did nothing to check on the pedestrian but instead complained loudly and stated that he did not want to go to jail. The same witness also said the cab driver was traveling south down Cicero and that the pedestrian was already in the road when the driver hit him.

Local police responded to the scene to investigate the incident. They have since charged the cab driver with driving too fast for conditions and striking a pedestrian who was in the roadway since the pedestrian was not within a marked crosswalk at the time of the collision.

The cab driver is a 75-year-old male who lives in Chicago and has been cited numerous times in the last decade for traffic offenses, including speeding. It is unclear whether he had the required license necessary to drive a cab in Chicago at the time of the collision with the pedestrian and if he did not, the driver may also face additional charges related to his licensing.

Chicago cabs operate under a medallion, or a legally recognized and controlled method of identification issued by the city. There are nearly 7,000 taxi medallions in the city right now and many of those cabs operate 24 hours a day, seven days a week through the use of multiple drivers. This means that at any given time, there are thousands of cabs on the streets, roads, and highways, providing easy transportation for some but presenting a significant risk to others.

Cab drivers travel an unusually large number of miles annually, and this allows them to be involved in a large number of the cities crashes. While they are not responsible for all of the crashes they are involved in, there are many crashes where the blame falls on the cab driver. The nature of their job encourages or even requires them to drive fast at times, making it all too tempting to speed, ignore traffic signals, and engage in other risky behavior. While this type of driving may lead to larger tips from some clients who arrive at their destination on time, it presents an unreasonable risk to all other drivers, bicyclists, and pedestrians who use the roads.

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June 1, 2013

Cyclist Killed by Car in Old Town Was Outspoken on Bicycle Safety

090.jpgA bicyclist riding in the 1300 block of North Clybourn Avenue was hit and killed by a car on Wednesday night. It is not yet clear what caused the collision to occur but the victim has been identified as a well-known bicyclist in the city who encouraged others to bike and who believed in biking safety.

The victim was well known in the Chicago cycling community and consider to be a bicycle ambassador by many. Friends say he regularly participated in Critical Mass, a large-scale bike ride that occurs once a month to promote bicycling and the shared use of the roads between cyclists and motorists. The victim also recently rode in Ride of Silence, a world-wide movement that has mass bicycle rides in designated cities on the same day and at the same time. Ride of Silence is designed to call attention to cyclists who have been killed while riding bikes and also allows friends and communities to honor their memories.

The victim in this case previously worked at an outdoor clothing and sports store that was popular with many locals and is located on North Halsted Street. Reportedly, whenever he was asked about cycling in the city, the victim always talked enthusiastically with customers and touted the benefits of cycling for transportation and enjoyment. His friends say the victim was always focused on safety while riding and always wore a helmet.

By all accounts, the victim in this accident was a knowledgeable and skilled bicyclist who was familiar with the city streets and the rules and regulations of the roads. This highlights the fact that when a driver is negligent, even the most skilled and able bicyclist can become an accident victim.

Cycling in Chicago is becoming more popular every year. The number of riders, number of bicycles, and the distance biked is increasing all the time and the city is changing in response. Some streets now have designated bicycle lanes for bicycle-only traffic while others have a barrier to separate bicyclists from motor vehicles. Some parts of the city even have bicycle-specific traffic lights to enable optimum efficiency and control of this type of transit. The area of Clybourn where the victim was killed did not have a designated bicycle lane but did allow bicycles to share the standard lanes of traffic with other vehicles.

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