Chicago Personal Injury Lawyer Blog

Chicago, Illinois premises liability, accident injury lawyers from David Abels & Associates, P.C., working with the firm of Trobe & Babowice of Waukegan, Illinois have been awarded $86,000 ($172,000, reduced to $86,000 for 50% comparative fault) in a premises liability arbitration. The arbitration had low of $5,000 and a high of $100,000 (meaning the most the plaintiff could be awarded was $100,000 and the least the plaintiff could be awarded was $5,000).

The case stems from an accident that happened in the defendant's home where the plaintiff was helping work on a kitchen. The plaintiff was using an electric saw to cut a board and the defendant was holding the board still. The defendant lost his grip and dropped the board, causing the saw to slice off the end of two of the plantiff's fingers. The defendant denied he was anywhere near the plaintiff when the accident occurred.

The defense also retained an expert to testify that the plaintiff was using the saw improperly as a grinder, and that the improper use was the cause of the injury. The plaintiff argued that improper use was irrelevent and that the accident only occurred because the defendant dropped the board.

The arbtration took place at ADR Systems of America in Chicago, Illinois. To learn more about personal injury arbitrations and mediations, please click here to visit our website.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Premises Liability , Settlements & Verdicts

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A Morrison, Illinois man faces driving while intoxicated charges after he hit a house with his car, according to the Quad City Times. The Whiteside County Sheriff’s Department is reporting that the accident happened at Henry Road and Deer Trace Road just outside Morrison. Karl R. Schmidt, 20, was westbound on Deer Trace Lane when he lost control of car, went through the intersection of Henry Road, and struck the home of Jean Reed at 15459 Heny Road.

Both the home and the car were damaged. The driver fled the scene and was later stopped by sheriff's deputies. He was arrested and has since posted bond and been released.

While this seems like a bizarre accident, it has not been such a rarity in Illinois lately.

Ealier this month in Downstate Illinois, a 15 year old girl crashed a car into a house in the town of Shiloh. After the auto accident police discovered a woman dead in the house. Sheriff investigators believed that the woman was struck and killed in the car crash. The girl, who had another teenage passenger with her, was taken to the sheriff's department to be interviewed.

The girl was soon released to her parents when the Sheriff's Department determined that the woman was already dead at the time of the car crash. They are not exactly sure when she died, but at least several hours before the crash.

Further, David Abels & Associates, P.C. recently settled a personal injury case where a woman was at home in bed when her elderly neighbor lost control of her car, drove through a wall of the house, and struck our client's bed. The plaintiff only incurred minor injuries and the case settled for $10,000.

If this trend continues, could Illinois homes soon come equipped with seatbelts and airbags?

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident

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Two Chicago area Metra trains hit a minivan on Monday evening in the western suburb of Hinsdale, Illinois after the driver got stuck on the tracks and left his vehicle. Franciszek Chudzik, 72, of Aurora, Illinois allegedly crossed two sets of tracks and tried to make a left turn onto a third set of tracks when his vehicle got stuck, according to TheDoings-Hinsdale.com.

Witnesses actually tried to move the van before an eastbound train hit it. People had to yell at the driver to get out of the van before it was struck. The driver then exited the vehicle, put his keys in his pocket and walked away. The minivan was also hit by a second train heading westbound. One witness stated that the van tuned into a fireball after it was hit. The minivan was practically obliterated by the impacts. Click here for Hinsdale, Illinois van vs. train crash photo.

Chudzik was arrested at the scene of the train / car crash and charged with DUI. He allegedly had a blood alcohol content of greater than .08. The police officers conducted sobriety tests at the scene.

David Abels & Associates, P.C. has been contacted by a west suburban resident who was on the westbound Metra train. He sustained headaches and neck injuries as a result of the Illinois train / car collision. He had no idea what caused the accident when he contacted our office. This same passenger was also on last week's Metra train that hit an automobile where the car had driven several hundred feet down the tracks. He was not injured in that accident.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Train Accident

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A Chicago, Illinois resident who rear-ended a semi-truck, killing her passenger, has been sentenced to prison by a judge in Van Buren County, Michigan, according to mlive.com. The car / truck crash happened by the Interstate 94 westbound entrance ramp in Mattawan, MI. on February 23, 2007.

The car accident occurred when Latora M. Thornton, 22, of Chicago, Illinois drove around a police roadblock and then struck the back of a truck that was stopped in traffic. Her passenger, Karl L. Shaw, 27, also from Chicago, was killed in the auto collision. Traffic was backed up because of a truck fire.

Beyond the fact that Thornton was driving while intoxicated, a speed-sensing device in her 2007 Chevrolet Cobalt showed she was moving at 103 mph just before the impact.

On January 2, 2008, Thornton pleaded no contest to operating a vehicle while intoxicated, causing death. She was sentenced to a term of 22 months - 15 years in prison by Circuit Judge William Buhl, and she will receive credit for time already served.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Truck Accident , Wrongful Death

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Un residente de Chicago fue matada en un golpe pedestre de accidente de auto en el Norte el martes pasado, segun el Chicago Sun-Times y el Chicago Tribune. El accidente de auto sucedio en la esquina de Foster y la Avenida Lincoln. El conductor giraba supuestamente a la derecha de Lincoln para ir hacia el este en la Foster cuando la peatón alegada caminó del encintado y fue golpeada por el coche que daba vuelta. Angelina Romero, del 2400 oeste de la Avenida Winona fue la peatón que fue golpeada en el choque. Ella fue apresurada para Advocate Illinois Masonic Medical Center en Chicago en la condición crítica, donde ella murió el martes en la noche.

El conductor del coche no fue publicado ninguna multa y la Policía de Chicago ha sido citada por el Tribune diciendo "El conductor tuvo el derecho de vía. ... Ella dio un paso en el sendero del vehículo".

Aquí está el problema: Según miembros de la familia de la víctima, no hay testigos independientes al accidente. La policía parece haber tomado inicialmente la palabra del conductor como la verdad, pero el Departamento de Policía de Chicago la Unidad Mayor de Accidentes esta investigando el choque, y será interesante saber lo qué se contiene en el informe.

Aún más, si este asunto acaba en la corte civil, el conductor del coche será impedido de testificar a cómo el accidente sucedió bajo el Acto de hombre Muerto de Illinois. También, bajo la ley de Illinois, un conductor tiene un deber para mantener una mirada fuera para peatones y para rendir a peatones en una caminata cruzada. Este accidente sucedió en un cruce de Chicago que tiene el tráfico pedestre pesado.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Pedestrian Accident , Se Habla Español , Wrongful Death

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A wrongful death lawsuit has been filed on behalf of the family of a Chicago Area woman who died from injuries sustained in a November 25, 2007 Arkansas bus crash, according to the Times-Herald of Forrest City, Arkansas. The bus was traveling from Chicago, Illinois to Dallas, Texas. The lawsuit was filed earlier this month in Brownsville, Texas by Alfonso Macias Sr., the husband of Maria del Carmen Fuentes Macias of Plano, Illinois. She past away in a Memphis , Tennessee hospital on December 16, 2007 from injuries sustained in the bus crash. The lawsuit lists Dallas based Tornado Bus Co. and the driver of the bus, Felix Badillo Tapia, 28, who is from Brownsville, as defendants.

Earlier this month the bus driver was arrested by the Arkansas State Police and charged with 4 counts of Reckless Homicide after toxicology reports from Tapia showed evidence of amphetamine use at the time of the bus crash.

Raul Lopez of West Chicago, Illinois was also on the bus and died at the accident site. They were on a Tornado Bus Co. bus with 45 other people. The fatal motor vehicle collision happened on a rainy night on Interstate 40 in northern Arkansas when the bus crossed a median, hit a pickup truck, and then hit a larger commercial truck. Lopez, another passenger, and the driver of the pickup truck died on the scene.

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Bus Accident , Legal News , Wrongful Death

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A friend of CBS morning news anchor Randy Salerno has been charged with a crime in connection with the Eagle River, Wisconsin snowmobile accident that ended Salerno's life. The Chicago Tribune is reporting that Scott D. Hirschey, 44, was charged with one count of homicide by intoxicated use of a vehicle, a felony in Wisconsin. Hirschey's blood alcohol content has not yet been reported. The legal limit is .08 in Wisconsin.

The accident happened around 11:30 p.m. on Thursday night just outside Eagle River, Wisconsin and Salerno was pronounced dead at the scene. Salerno was a passenger on a snowmobile driven by Hirschey. Hirschey reportedly hit an embankment which launched the vehicle in the air, striking several trees.

Once the sheriff's department finishes their investigation, the case will most likely be handed off to Vilas County District Attorney Albert Moustakis for prosecution. Moustakis is a former Chicago area lawyer who has a reputation of being tough but fair. Moustakis was also well known in Evanston, Illinois as the head coach of the high school's varsity hockey team for several years. He relocated to Eagle River in the 1990s.

Salerno, 45, had been with CBS News since 2004. He was previously a reporter and anchor with WGN for 12 years. He also worked at stations in Albany, New York and Peoria. He won a local Emmy Award for his work on the 2004 broadcast of the LaSalle Bank Chicago Marathon.

Salerno is from Crystal Lake, Illinois. He lived there with his wife Irene, and their 3 children.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Wrongful Death

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Two siblings from Elgin, Illinois were killed in an auto accident on Thursday when their car was hit by a semi-truck in Huntley, Illinois, according to the Chicago Tribune. Sergio Espinosa, 52, was driving with his sister, Rosalinda Rodriguez, 57, westbound on Oak Creek Parkway at Illinois 47 just after 2:30 p.m. when a truck heading north on Illinois 47 struck the driver's side of their car. The vehicles came to rest around 200 feet from the intersection which is controlled by a traffic light. The police are trying to determine who had the green light and if speed played a role in the accident.

If there are no independent witnesses to the accident, determining who had the green light could be difficult to do (unless the trucker states that he blew a red light, which is doubtful). Accident reconstruction experts from the investigating police department should be able determine if either of the vehicles were speeding by looking at multiple factors.

Continue reading " Huntley, Illinois Car / Truck Crash Results in Death of Elgin Brother & Sister " »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Truck Accident , Wrongful Death

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A Chicago, Illinois news anchorman has died from injuries sustained in a snowmobile accident, according to several news outlets, including CBS News in Chicago. Randy Salerno, a morning anchor for CBS News, was killed Thursday night in a snowmobiling accident in Eagle River, Wisconsin. Salerno was a passenger on a snowmobile when the driver lost control and struck several trees. Investigators are stating that alcohol and speed may have contributed to the accident.

The accident happened around 11:30 p.m. in the Township of Blum Lake, Wisconsin and Salerno was pronounced dead at the scene. The Wisconsin Department of Natural Resources, the Vilas County Sheriff's Department and the Vilas County Coroner's office are investigating the accident. The driver of the snowmobile was taken to an area hospital, but no other information has been released on the driver's condition.

Salerno, 45, had been with CBS News since 2004. He was previously a reporter and anchor with WGN for 12 years. He also worked at stations in Albany, New York and Peoria. He won a local Emmy Award for his work on the 2004 broadcast of the LaSalle Bank Chicago Marathon.

Salerno is from Crystal Lake, Illinois. He lived there with his wife, Irene, and their 3 children.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Wrongful Death

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In Winnebago County, Illinois a woman stepping on a toothpick has resulted in a $250,000 medical malpractice settlement, according to the Chicago Daily Law Bulletin. The woman reportedly stepped on a used toothpick at home and then sought out medical treatment from a doctor. The defendant doctor failed to identify and treat a developing infection which subsequently resulted in nerve damage. The case was settled without having to file a lawsuit.

The settled case was captioned Pam Shult v. Jerome Randall. The plaintiff was represented by Devon C. Bruce of Chicago.

David Abels & Associates, P.C. is currently working on a similar medical malpractice issue that happened in Chicago, Illinois where a seemingly minor injury led to serious medical complications. Our client's big toenail on his left foot was rubbing up against his 2nd toe and an infection developed. The infection was not properly diagnosed by a Chicago area emergency room, the infection spread, and our client's leg was partially amputated below the knee.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Medical Malpractice , Settlements & Verdicts

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A Chicago resident was killed in a pedestrian knock down auto accident on the North Side this past Tuesday, according to the Chicago Sun-Times and the Chicago Tribune. The auto accident happened at the corner of Foster and Lincoln Avenue. The driver was reportedly turning right from Lincoln to go Eastbound on Foster when the pedestrian allegedly stepped off the curb and was hit by the turning car. Angelina Romero, of the 2400 block of West Winona Avenue was the pedestrian that was struck in the collision. She was rushed to Advocate Illinois Masonic Medical Center in Chicago in critical condition, where she died Tuesday night

The driver of the car was not issued any tickets and the Chicago Police Department has been quoted by the Tribune as saying "The driver had the right of way. ... She stepped in the path of the vehicle."

Here is the problem: According to family members of the victim, there are no independent witnesses to the accident. The police seem to have initially taken the word of the driver as the truth, but the Chicago Police Department Major Accident Unit is investigating the crash, and it will be interesting to find out what is contained in the report.

Further, if this matter ends up in civil court, the driver of the car will be barred from testifying as to how the accident happened under the Illinois Dead Man's Act. Also, under Illinois law, a driver has a duty to keep a look out for pedestrians and to yield to pedestrians in a cross walk. This accident happened at a Chicago intersection that has heavy pedestrian traffic.

The police might initially side with the driver, but it is a pretty safe bet that Chicago personal injury lawyers are going to get involved in this case.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Pedestrian Accident , Wrongful Death

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A Cook County Resident, Lester Cooperwood, 48, died on Sunday night when the car he was riding in as a passenger lost control and struck a steel CTA viaduct near 4600 West Lake Street in Chicago, according to the Chicago Tribune. Cooperwood was riding in the front seat of a Dodge Stratus that was being driven by a 41 year old man who lives at the same address as the victim in the 1700 Block of North Lorel Avenue.

The driver suffered lacerations and bruising and was taken to a Chicago area hospital. The driver was also charged by the Chicago Police Department with with DUI, improper lane usage, driving without a license and no insurance.

Cooperwood was pronounced dead at Mt. Sinai Hospital, Chicago, Illinois a short time later due to injuries sustained in the accident.

From a Chicago personal injury lawyer's perspective, the family of the Cook County passenger has a right to bring a wrongful death claim against the driver of the car, but here it appears the at fault party had no liability insurance. If the victim, or a household family member had a valid auto insurance policy, then the family should be able to make an uninsured motorist claim.

Continue reading " Chicago, Illinois Passenger Killed When Car Hits CTA Viaduct " »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Uninsured Motorist Claim , Wrongful Death

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In Henry County, Illinois a fatal single vehicle car crash has left 2 people dead, according to Galesburg.com. Burton Empson (61) lost control of his car on a slick road while driving north on Illinois 82 near Illinois 17 on Monday afternoon. He drove into a ditch and hit a tree. Empson and his wife, Rosemary Empson (57) were pronounced dead at the scene. The couple's 10 year old grandson was also in the car and was not seriously injured. He was taken to OSF St. Mary Medical Center in Galesburg, Illinois. The couple was reportedly headed to Geneseo, Illinois. The Henry County Sheriff's Department is investigating the deadly accident.

From an Illinois injury lawyer's view, while it is not pleasant to talk about in a deady car accident, the family of Rosemary Empson will be able to make a wrongul death claim against the couple's auto insurance policy. The fact the couple was married does not bar the family from recovering on the insurance policy. Further, the 10 year old minor's family will be able to make a personal injury claim on the couple's auto insurance policy for injuries sustained in the Quad City area auto accident.

Continue reading " Illinois Single Car Accident Kills 2 " »

Posted by Dave Abels | Permalink | Email This Post

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

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U.S. District Judge Robert W. Gettleman has dismissed a lawsuit that challenged the constitutionality of the City of Chicago's method of using cameras to ticket drivers who fail to obey red lights, according to the Chicago Daily Law Bulletin. Judge Gettlemam ruled that the plaintiffs complaint failed to state claims based on equal protection and substantive due process.

How does this ruling affect Chicago personal injury lawyers? I think the law could resolve a lot of disputed liability personal injury claims and lawsuits. A contested red light case is hard and problematic to prove up in court. It is a "he said, she said" case and you never know who a jury is going to believe.

Last month I settled a red light personal injury car accident case from a 2004 accident. The plaintiff and an independent witness said the plaintiff had the green light, but the defendant and a different independent witness said the defendant had the green light. I recommended that my client settle the case, as he only had a 50% chance of getting past the jury on the issue of liability. If this case happened in front of a traffic camera, I could have subpoenaed the City for the photos, and the case could have resolved years ago.

Continue reading " Federal Judge Throws Out Traffic Camera Lawsuit - Good Result For Chicago, Illinois Personal Injury Lawyers? " »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Legal News

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Illinois car crash deaths are way down this year, according to an article recently published by the Chicago Tribune. 16 people have died in fatal Illinois auto accidents as of January 11, 2008, which is down from 37 last year. As of today's date of January 21, 2008 the number of fatals is 38, which is down from 71 at this time in 2007, according to the Illinois Department of Transportation (IDOT). There have been 12 fatal auto accidents in Chicago and 15 deadly car crashes in all of Cook County, Illinois.

Last year 1,245 people were killed in motor vehicle collisions in Illinois, which is actually the lowest number of fatal accidents since 1924. That is an amazing statistic if you consider how few cars were on the road back then as compared to 2007. The state's goal is to keep the number of auto accident related deaths in Illinois below 1,000. Illinois is currently on pace for only 660 fatalities.

Continue reading " Illinois Auto Accident Deaths Down So Far This Year " »

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Posted In: Auto Accident , Wrongful Death

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En Chicago, Illinois abogados de accidente de trafico, de David Abels & Associates, P.C. ha alcanzado un arreglo para un residente de la zona. El fue implicado en un choque de trasero en la rampa de acceso de la calle 79 a Interestatal 94 en Chicago. El y el vehículo detrás de él aflojaron para el tráfico, y el tercer vehícul