Chicago Personal Injury Lawyer Blog

In Chicago, Illinois an Amtrak train has crashed into a freight train causing multiple injuries, according to the N.Y Times. The impact was strong enough to knock passenger seats off their hinges. There were 188 people on board at the time of the train crash, and those most seriously injured were near the front of the train.

The train was going from Chicago to Grand Rapids, Michigan. The cause of the crash has not yet been determined. The engine of the Amtrak came to rest on top of the freight train. Hydraulic tools had to be used to remove people from the engine car.

Over a dozen ambulances came to the accident site, and emergency workers also set up near by in an elementary school where injuries were assessed. The passengers were divided into 3 groups based on severity of injuries.

One passenger believed the train was only traveling about 15 mph at the time of impact when he heard a loud noise and was lurched forward. The witness thought a lot of people were injured when train seats broke off their hinges.

Click here to read entire story.

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Posted In: Train Accident

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Outside O'Fallon, Illinois last Friday an Illinois State Trooper lost control of his squad car and collided head on with another vehicle on Interstate 64. Two witnesses have stated that before the auto accident the police car was traveling at an excessive rate of speed without its siren on, according to the Belleville News Democrat. The motor vehicle accident killed two sisters, Jessica Uhl, 18, and Kelli Uhl, 13 of Collinsville, Illinois.

One witness stated the trooper passed by her before the accident traveling at more than 100 mph. A few seconds later the trooper crossed the median and slammed into a Mazda driven by Jessica Uhl. Illinois State Police Officials stated the officer was responding to another accident on Illinois 4 when he was cut off by another car and forced onto the grassy median.

Illinois State Police are still investigating the car crash and reviewing video taken from the State Police Car.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Injuries to Children & Minors , Wrongful Death

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In the Chicago area suburb of Geneva, Illinois a pedestrian has been struck by a Metra train on the Union Pacific West Line railroad tracks around 5:30 p.m., according to the Daily Herald. The pedestrian, who has not been identified, died in the train accident. The occurrence took place near the Fox River. The Geneva Police and Fire Departments were on the scene, but there has not been any indication yet as to what caused the accident.

The Federal Railroad Administration reports that train related accidents in Illinois declined in 2006, but statistics for 2007 are not yet available.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Pedestrian Accident , Train Accident

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A Chicago Accident Attorney has received a good jury verdict in a pedestrian knock down case, according to the Chicago Daily Law Bulletin. The plaintiff was struck while in a crosswalk by the defendant who was turning left. The plaintiff sustained a broken arm and various sprains and strains. The defendant contested the extent of the injuries, so the issue at trial was damages. The verdict was for $144,744. The result is especially nice because prior to trial the plaintiff was only demanding $110,000 to settle, and the defendant had offered $80,000. It appears the defendant may have gambled with a low offer and lost.

In Illinois, a driver has the duty to yield to a pedestrian rightfully in a crosswalk. Further, a driver turning left has to make sure said turn can be made safely before doing so, and yield to any oncoming traffic.

The above mentioned verdict was reached in Ealey v. Castagnoli, Cook County Case No. 05 L 9992. The defendant was insured by Allstate.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Pedestrian Accident , Settlements & Verdicts

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Injury lawyers that filed a wrongful death lawsuit on behalf of the family of former Chicago Blackhawk defenseman Keith Magnuson have moved forward to trial, according to CBC Sports. The lawsuit is pending in St. Louis County, Missouri Circuit Court. The defendant in the case, Rob Ramage, played defense for the Toronto Maple Leafs for several years.

The case stems from a 2003 car crash where Ramage allegedly collided with 2 other cars. He was recently found guilty of various forms of DUI charges in criminal court and is scheduled to be sentenced in January, 2008. Ramage himself underwent hip surgery as a result of the motor vehicle collision. Maguson was pronounced dead at the scene.

Magnuson played in the NHL from 1969-1979, and all of his 589 career games were with the Chicago Blackhawks. He went to the Stanley Cup twice with the Hawks in 1971 and 1973, both times losing to the Montreal Canadiens. He was also captain of the Blackhawks for several years.

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Posted In: Auto Accident , Wrongful Death

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A Chicago area resident has died in a bus accident in Arkansas. He was traveling to visit his mother when a bus he was a passenger on collided with a pickup truck and an 18 wheeler, according to Chicago SunTimes.com. Raul Lopez, 58, was on a Tornado Bus Co. bus that was traveling from Chicago, Illinois to Dallas, Texas. He was 1 of 47 people on the bus.

The motor vehicle collision happened in the rain on Interstate 40 in northern Arkansas around 10 pm on Sunday night when the bus crossed a median, hit the pickup, and then hit the larger truck. Lopez, another passenger, and the driver of the pickup truck died in the crash. Arkansas State Police are still investigating the crash, which seriously injured several more people.

Lopez was a father of 4, grandfather of 5, and worked in manufacturing. His mother lives in Mexico, and he usually drove there, but no one was available to make the trip with him. Lopez thought his vision was not good enough to drive at night, so he took the bus.

Another Chicago area man, Marcos Valencia, of south suburban Crete, Illinois was also seriously injured in the bus crash. He was taken to a Memphis hospital for surgery was was still in critical condition as of Monday.

Click here to read entire story.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Bus Accident , Truck Accident , Wrongful Death

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Chicago Personal Injury Lawyers from Abels & Assoc. just settled a workers' compensation case for a Chicago resident who was injured when a forklift rolled over and lacerated his right foot in the course of his employment. He has fully recovered and the case has been settled for just over $18,000. The settlement has already been approved by the Illinois Workers' Compensation Commission.

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Posted In: Settlements & Verdicts , Work Injuries

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A Chicago, Illinois car crash early Thanksgiving morning resulted in the death of 2 people, and the off duty Chicago police officer that caused the collision has been charged with DUI, according to the Chicago Sun-Times. As of Saturday, the families of the deceased have already hired a Chicago wrongful death lawyer to represent them. The motor vehicle collision occurred in the 2900 block of North Damen when the officer who was traveling northbound in his SUV crossed the center line and struck a southbound Pontiac.

The two men that were killed were ages 22 and 21, and they were life long friends from Cicero, Illinois. The officer, age 33, is assigned to the Belmont district, and is being relieved of his duties from the Chicago Police Department. He is scheduled to appear in traffic court in January, 2008. The charges could be upgraded, and that decision will be made by the Cook County State's Attorney's Office.

This is the second time this week that an off duty Chicago Police Officer has been charged with driving under the influence of alcohol as related to fatal motor vehicle accidents.

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Posted In: Auto Accident , Wrongful Death

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In Chicago, Illinois personal injury attorneys from David Abels & Associates, P.C., working with the Lake County firm of Trobe & Babowice reached a premises liability settlement for $275,000 with the Chicago Housing Authority (CHA). The plaintiff, a minor, was riding in a stroller and was pushed by another child into a negligently designed lock box that was on the door of a vacant CHA apartment. The actual lock box at issure is pictured below. The child sustained severe eye injuries. The building was being managed by an agent of the CHA, William Green Homes at the time of the occurrence. The lock box was defective in design in that it was a large metal box that protruded approximately 8 inches from the door into the hall. Most lock boxes are much smaller and flush against a door. The lock was especially dangerous in a CHA building where kids play in the hallways.

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Posted In: Premises Liability , Settlements & Verdicts

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A Chicago police officer involved in a fatal motorcycle accident in June, 2007 has been charged with misdemeanor DUI, according to the Chicago Tribune. A passenger on his motorcycle was killed in the accident. The officer was off duty at the time of the crash and allegedly had a blood alcohol content of .24 (.08 is the legal limit in Illinois).

The motorcucle crash occured in the 4300 block of W. 87th Street in Chicago, Illinois when a eastbound Dodge Charger turned left into the westbound motorcycle. The driver of the Dodge was also charged with DUI.

The Cook County State's Attorney's Office reportedly just learned of the officer's high alcohol content this week, and the Chicago Police Department spokeperson could not say why the officer's alcohol results were not released for over 5 months. The spokesperson also said that it was the other vehicle who caused the accident.

From a personal injury lawyer's perspective, the family of the passenger that was killed will most likely file a lawsuit against both drivers in the accident. The driver of the Dodge does appear to be the most at fault party. He failed to yield to oncoming traffic while turning left (which is required by Illinois law) and he was also allegedly intoxicated.

The off duty police officer could also be partially to blame as well, as he had 3 times the legal limit of alcohol in his system at the time of the accident. While he had the right of way at the time of the accident, you cannot help but wonder if he could have avoided the collision if he had not been drinking. If the case is not settled, a Cook County Jury may have to ultimately decide who was at fault in the accident.

Click here to read entire story.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Motorcycle Accident

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Illinois Governor Rod Blagojevich has announced on his website that, with the hope of reducing car crash fatalities and personal injury accidents, IDOT, the Illinois State Police, and other local police departments will be cracking down on drivers who do not buckle up this holiday weekend. Police are to take a zero tolerance approach when issuing tickets during this upcoming "Click It or Ticket" campaign.

Law enforcement agencies will be setting up seat belt check points in various parts of the state. The State Police will run over 2,100 details focusing on seat belts, speeding, DUI, and underage drinking in an attempt to reduce deaths and injury accidents. The Governor's Office reports that "in 2006, 17 fatal crashes resulting in 20 fatalities occurred during the five day Thanksgiving holiday weekend."

Over the past several weeks in the Chicago area alone, failure to wear seat belts has been a factor in several serious injury auto accidents.

Click here to read entire story.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident

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In Chicago, Illinois 2 police officers were injured in a hit and run auto accident on Monday night. The Chicago Police Officers were out of the Harrison District and the accident occurred at 800 S. Sacramento Avenue.

The officers were trying to stop a car in a drug investigation, and the vehicle ended up hitting the police car and fleeing the scene. One officer suffered a broken arm in the collision. The officers were treated and released from Northwestern Memorial Hospital.

Most individuals involved in this type of case could potentially have a workers' compensation claim because they were injured on the job, and a hit and run claim to make with there own insurance company. However, here the injured persons are Chicago police officers and there claims are covered by union contract, not workers' compensation or or uninsured motorist coverage. Potentially, if the hit and run driver is ever caught, they could have a civil injury claim against the at fault driver.

Click here for entire story.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident

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The 3rd District Illinois Appellate Court has affirmed a Bureau County Jury Verdict in a premises liability case against the City of Princeton. The plaintiff was injured when he stepped into a depression on a sidewalk and fell on Main Street in Princeton, Illinois. The plaintiff introduced evidence of over $119,000 in medical bills to the jury. The jury returned a verdict of $170,800 for the plaintiff.

During trial, defense counsel attempted to introduce evidence that the bills were discounted down to $34,888.00 by Medicare. (If a hospital or doctor receive a Medicare payment that is less than the amount billed, the rest of the bill is wiped out by accepting payment from Medicare).

The Court barred the defense from introducing evidence that the bill was reduced to $34,888.00 under the collateral source rule. This rule stops a defendant from informing the jury that the plaintiff has insurance, as a jury may then improperly conclude that the plaintiff sustained no damages.

The appellate court stated that the rule prevents a wrongdoer from taking advantage of contracts that exist between the injured and other parties (like a health insurance contract).

The collateral source rule is very helpful for injury attorneys when trying to settle cases. When negotiating a settlement, we submit medical bills to insurance carriers as part of our demand package. The rule prevents a defendant from trying to reduce a settlement offer by stating that the plaintiff's health insurance carrier already paid the bill. The defendant knows that if we go to court, the full amount of the bill will come into evidence.

Click here to read the Court's opinion in Nick Nickon v. City of Princeton, No. 3-06-0952.

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Posted In: Legal News , Premises Liability

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In DuPage County, Illinois, personal injury attorneys reached a settlement for $490,000 in a construction accident lawsuit. The plaintiff was a laborer loading large rocks into a back hoe owned by Fox Excavating. The laborer was helping clear a trench and a Fox employee that was operating the back hoe dropped the bucket and crushed the plaintiff's foot. $465,000 was paid by Fox's insurance carrier, and an additional $25,000 was paid by the general contractor. The settlement was reached in Curtis Gilkey v.Fox Excavating, et. al., DuPage County Case No. 03 L 493.

Prior to settlement of this lawsuit, there was likely a worker's compensation settlement for Gilkey as well. When injured on a construction site, an employee will automatically have a work injury case under Illinois law regardless as to who was at fault in the accident. Even if you obtain a job injury settlement in Illinois, you are still entitled to bring a claim against a negligent third party who caused the accident. The workers' compensation insurance carrier will then have a lien against the third party settlement.

If injured in a construction accident, or any at work place accident, make sure to consult with an injury lawyer about both a work injury case and a third party negligence case.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Construction Accident , Settlements & Verdicts , Work Injuries

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A Lake County, Illinois single vehicle auto accident has left two men dead after they were ejected from the automobile. The accident happened on Illinois 145 near Edwards Road in North Suburban Antioch, Illinois. The driver of an SUV lost control of his vehicle, crossed the center line, and rolled over in a ditch on the east side of the road.

One passenger was pronounced dead at the scene, while the other was pronounced dead at Lutheran General Hospital in Park Ridge, Illinois. The driver, who was wearing a seat belt, only sustained minor injuries and was treated and released from Victory Memorial Hospital in Lake County.

Lake County Sheriff’s Dept. and the Antioch Police and Fire Dept. were at the scene of the accident, and the Lake County Sheriff is investigating the cause of the crash. It has not been disclosed if the passengers were wearing seat belts at the time of the crash. The driver has received a ticket for driving too fast for conditions.

David Abels & Associates has handled many single car accident injury cases, some involving very serious injury and/or death. From an injury lawyer's perspective, a single car crash case can be easier to handle as compared to other auto accidents, as there is usually no issue as to who is at fault. Typically the accident is caused by a driver who is traveling too fast for conditions. The only real issue is damages. (Although there could be a comparative fault issue if the victims were not wearing seat belts). In this case we are talking about the worst type of damages, that being the death of two people.

Click here to read entire story.

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Posted In: Auto Accident , Wrongful Death

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An Illinois Car Crash on I 57 at 119th Street in Chicago has resulted in injuries to 3 people, according to the Daily Southtown Newspaper. All were taken to Chicago area hospitals. One injury was critical according to Chicago Fire Department officials.

An Illinois State Trooper stated that one of the vehicles back door was crushed, making it difficult to remove one occupant. The crash happened at 1 a.m. and blocked 2 lanes of northbound traffic. The cause of the accident is still unknown.

Click here to read entire story.

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In Chicago, Illinois personal injury attorneys from Abels & Assoc. reached a premises liability settlement for $20,000 with Jewel-Osco. The case involved a Chicago resident who cut his hand on glass that was protruding from the handle of a grocery cart. The glass was dirty and appeared to have been there for a long time. The store is liable for the injuries because they had constructive notice of the danger, meaning with reasonable inspection they should have discovered and removed the glass from the cart before the plaintiff was inured.

The plaintiff bandaged his hand, but several days later the wound became infected, and he had to seek medical treatment at a Chicago area hospital.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Premises Liability , Settlements & Verdicts

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