Chicago Personal Injury Lawyer Blog

Motor vehicle crashes are the number one cause of death for children ages 3 to 14 years old, according to 2008 crash statistics released by the National Highway Traffic Safety Administration.

Some of the most tragic and difficult cases handled by the Chicago car accident attorneys and the personal injury lawyers at Abels & Annes involve the serious injury or death of a child in a car accident.

In 2008, 1,347 young passengers were killed in traffic accidents nationwide and 193,000 were injured. Every day, an average of 4 children under the age of 14 are killed and 529 injured in traffic accidents.

Illinois ranked 6th in the nation for the highest number of children killed in automobile accidents. Texas (154), California (142), Florida (73), Georgia (65) and North Carolina (45) were the five deadliest states.

Nationwide, alcohol was involved in 16 percent of the fatal crashes -- about half of those occurred when a child passenger of a drunk driver was killed.

A total of 270 children were killed in pedestrian accidents and another 13,000 were injured. About half of these child pedestrian fatalities occurred between 4 and 8 p.m.

Eighty-one children were killed in bicycle accidents and another 52,000 were injured.

The report concluded that child-safety seats reduced the risk of fatal injury to infants by 71 percent and by 54 percent for toddlers in passenger cars.

Continue reading " Traffic accidents leading cause of death for children ages 3 to 14 " »

The city's budget crunch is putting the brakes on the metro area's planned network of 330 red-light cameras aimed at reducing Chicago car accidents.

Many car accidents occur at intersections or are caused by drivers violating traffic laws. The Chicago injury lawyers and wrongful death attorneys at Abels & Annes have been following this issue as more and more cases nationwide attempt to introduce camera evidence in courtroom proceedings.

Earlier this summer we posted a report by the Daily Herald questioning whether some of the cameras were going up to reduce accidents or maximize ticket revenue.

The city collected almost $38 million and issued more than half a million tickets for traffic infractions caught on the intersection cameras in the first eight months of the year, according to The Sun-Times.

Annual tickets and revenue increased from $4.7 million and 109,441 tickets during the first year of the program in 2004 to $44.8 million and 579,560 tickets last year.

But Mayor Daley's 2010 budget includes no additional money for cameras after adding 50 cameras to intersections this year, which brings the citywide total to 189.

Instead, the Chicago Department of Transportation plans to take 20 existing cameras from their current locations and move them to other intersections, where they believe the cameras would positively impact traffic safety, according to The Sun-Times report.

The 50 cameras installed this year cost $2.8 million and $50,000 each per year to maintain and support, according to city budget figures.

"It's a cost-saving measure. We're reducing our capital outlay," said Peter Scales, a spokesman for the city's Office of Budget and Management.

Scales said the city is comfortable with moving cameras from identified intersections, citing a 60 percent drop in red-light violations since the cameras were installed.

Cost of a ticket for running a light caught on camera is $100, though some city officials have suggested increasing that to $125. Motorists caught on camera get the ticket in the mail, along with a digital photograph of the violation. Earlier this year, a federal appeals court shot down the "innocent owner's defense," an argument that an owner was held responsible for the violation of someone else who might have been driving the car.

Continue reading " Red-light camera program hits the brakes -- uncertain future for effort to reduce Chicago car accidents " »

A new federal report concerning the use of hand-held devices behind the wheel found a 25 to 50 percent increase in fatal accidents caused by distracted drivers over the last five years, even as the number of fatal traffic accidents has declined nationwide.

The Chicago car accident lawyers and the personal injury attorneys at Abels & Annes often represent clients who have been injured by distracted drivers.

In 2008, the federal government estimates 1 in every 6 fatal accidents was caused by a distracted driver -- 5,870 people were killed and more than half a million injured.

A major push in the fight against distracted driving has been to ban the use of cell phones and text messaging by drivers. Earlier this month, Abels & Annes' Chicago Personal Injury Lawyer Blog reported President Obama announced a ban on text messaging by all federal employees.

This summer, Illinois passed a law that takes effect Jan. 1, making it illegal for drivers to text message and prohibiting the use of cell phones in school and construction zones.

“Every single time someone takes their eyes or their focus off the road - even for just a few seconds - they put their lives and the lives of others in danger,” said U.S. Transportation Secretary Ray LaHood. “Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating.”

On any given day in 2008, the federal government estimates more than 800,000 vehicles are driven by someone using a hand-held cell phone.

Other driving behaviors that lead to distracted driving accidents include eating, drinking, talking to passengers, radios and the use of other in-car technologies and portable devices, according to the National Highway Traffic Safety Administration.

Researchers noted the actual number of serious and fatal accidents caused by distracted driving could be much higher because of the lack of uniform reporting and the challenges associated with identifying distracted driving as a cause of an accident.

But the report concluded instances of crashes caused by distracted driving are on the rise even as the overall traffic fatality rate has declined in recent years. In 2004, 4,409 of the 38,444 fatal crashes were attributed to distracted drivers (11 percent) while 2008 figures show 5,331 distracted-driving fatalities of the nation's 34,017 fatal crashes (16 percent).

Those figures represent a 50 percent increase in the overall percentage of fatal distracted-driving accidents and an increase of roughly 25 percent in overall number of distracted driving accidents.

Among the other findings of the study:

-Distracted driving was reported as a cause in 16 percent of all fatal accidents.

-1 in 5 injury accidents was caused by a distracted driver.

-Drivers under age 20 has the greatest proportion of distracted drivers.

Continue reading " Chicago injury lawyers continue to monitor issue of distracted driving " »

Doctors delivered a newborn boy after a pregnant woman was killed in a Chicago car accident on Wednesday.

The 27-year-old woman died when two vehicles collided and one of the vehicle careened into her and three other pedestrians on the city's West Side, according to the Chicago Tribune.

The West Cortez Street Woman was pronounced dead at Stroger Hospital, according to the Cook County medical examiner's office. The newborn infant is listed in extremely critical condition, according to the hospital.

A hospital spokeswoman said doctors were able to save the unborn child and believe the pregnancy was six or seven months along.

"The baby suffered injuries (from the crash) in addition to being premature," a spokesperson told The Tribune. The child's condition was described as "extremely critical."

Doctors reported it would be sometime today before they knew whether the infant had a chance to survive.

The car accident happened on Wednesday around 12 pm when a Ford van eastbound on Washington and a Chrysler Town and Country minivan southbound on Kostner, collided, according to police.

The Chicago Sun-Times said four pedestrians were struck during the accident and the driver of the Chrysler van had been cited.

According to the Sun-Times, the 39-year-old van driver was cited for failure to stop at a red light, driving with a suspended or revoked license and no insurance. It was unknown whether he will face further charges in connection with the woman's death.

In this case, due to the fact that the at fault driver had no insurance, the family of the victims will be able to pursue an uninsured motorist claim against their own auto insurance policy.

A Chicago nurse was scheduled to appear in court Tuesday on charges that he sexually assaulted a patient at a North Side hospital, according to NewsRadio 780.

The Chicago sex abuse case reportedly occurred at Weiss Memorial Hospital in February.

The 48-year-old accused nurse, who lives on North Kostner Avenue in Sauganash, is charged with criminal sexual abuse and was arrested at about 7 a.m. Monday at the hospital, according to police.

The reported incident occurred on Feb. 12 and involved a 57-year-old woman being treated in the emergency room, police reported. The accused male nurse allegedly injected the patient with morphine and sexually assaulted her.

The hospital issued a statement the next day saying the nurse had been placed on paid leaving pending the outcome of the investigation.

“Our preliminary hospital investigation shows that the proper chain of command regarding notification and investigation was followed correctly. Patient safety, as well as the safety of our employees, is a top priority at Weiss,’’ the February statement read.

However, the Chicago Breaking News Center reported the accused nurse was working at the hospital until being suspended following his arrest on Monday.

The severity and number of bicycle injuries has increased with the popularity of cycling for fitness, to save money amid high gas prices and to avoid congestion, according to a report presented in Chicago this week at the American College of Surgeons' 95th annual Clinical Congress.

The Chicago bicycle accident lawyers and personal injury attorneys at Abels & Annes have also seen an increase in the number of serious and fatal bicycle accidents the firm is asked to represent. Click here to visit our Chicago Car Accident Lawyers Blog for more information about our work with bicyclists.

Researchers studying 329 bicycle accidents found the length of hospital stays has increased substantially over the years as has the number of serious injuries, including chest injuries (up 15 percent), abdominal injuries (up 300 percent) and head injuries, which were reported in about one-third of cases, according to the LA Times.

ABC7 reported the most serious injuries continue to come from bicyclists who are struck by cars.

Nationwide, bicycle accidents last year killed 716 and injured 52,000, compared to 701 deaths and 43,000 injuries in 2007, according to the National Highway Traffic Safety Administration.

In Illinois, 27 people were killed last year, up from 18 in 2007 and the most in the 5-year study period for which statistics are readily available. Half of those deaths occurred in Cook County.

Click here for more information on the extensive work being done by the Chicago Department of Transportation on the city's bike trails, as well as safety advice, event information and other resources geared toward Chicago bicyclists.

Continue reading " Serious injuries on the rise for Chicago bicycle accidents, bike accidents nationwide " »

Police continue to look for a vehicle involved in a fatal hit-and-run Chicago car accident.

The 36-year-old West Cullerton Street woman died Tuesday after being hit by a car on South Halsted Street, according to The Sun-Times. The car left the scene and the woman was struck again by a Chicago Transit Authority bus.

Authorities report the woman was struck by the car while crossing the street shortly after 5 p.m. The force of the impact propelled her into the path of a northbound CTA bus.

Police are looking for a purple or blue, four-door car with a chrome center grill. The car has damage to the hood near the driver's side headlight area.

Harrison-area detectives have joined the Major Accident Investigation Unit in the search.

Police hope a street surveillance camera will help identify the fleeing driver, according to ABC7.

Witnesses reported the driver of the car never stopped after striking her. She was pronounced dead at the scene. Family members say the woman was married with two teenagers.

In a 2004 report conducted by AAA, 1,557 people were killed by hit-and-run drivers -- or more than four people a day. For every one killed, 72 more were injured.

Some of the most common reasons drivers flee the scene of an accident include drunk driving, driving without a license, self-preservation and road rage. Hit-and-run drivers face serious criminal charges for their actions in addition to any civil action to recover damages on behalf of the victims and their families.

In this type of case, most of the time the hit-and-run driver is never caught by police. If that happens here, the family of the victim will be able to pursue a hit-and-run claim against the victim's own auto insurance policy.

Anyone with information regarding the accident is encouraged to contact the Chicago Police Department immediately.

The Chicago Daily Herald is reporting that aggravated DUI charges have been filed against a Chicago resident for his role in a deadly car accident that occurred just after 2:00 a.m. in Park Ridge, Illinois on Sunday morning. A man and a woman were killed in the Chicago area car crash. Four others were injured.

The collision happened at Oak Street and Riverside Drive, according to the Chicago Sun-Times. Emergency workers rushed to the crash site and found two vehicles. One car was heavily damaged with one person inside and another vehicle was damaged and came to rest 75 feet from the intersection with 5 people inside. All six of the injured were taken by ambulance to area hospitals by the Park Ridge Fire Department and three other assisting fire departments.

The victims were a 25-year-old man from Des Plaines and a 37-year-old woman from Morton Grove, according to the Chicago Breaking News Center. Both were passengers in a Mercedes that was traveling eastbound on Oakton when it collided with a northbound Nissan that was on Riverside.

The Park Ridge Police Department Major Crash Unit is investigating the accident. There has not been a fatal car crash in Park Ridge since May 14, 2009, according to the Park Ridge Herald-Advocate.

The Daily Herald stated that autopsies were scheduled for Monday by the Cook County Medical Examiner's Office.

Click here to see an accident photo provided by ABC News.

More car accidents happen on Saturday and Sunday morning between the hours of 12:00 a.m. and 3:00 a.m. than any other time of the week. It is by far the most dangerous time to drive. Many of the crashes involve drugs and/or alcohol.

Authorities and the media are asking some tough questions after a fatal Chicago car accident last Thursday was allegedly caused by a man sentenced to six years in prison for reckless homicide in 2006 but was nevertheless out of jail and on the road with a valid license.

As reported on our Chicago Car Accident Lawyers Blog, the Thursday car accident in Crestwood was caused after the 52-year-old driver slammed into a group of cars parked at an intersection.

Authorities reported the driver was speeding. Four people were injured in the crash and a 55-year-old father of two was killed.

The driver faces charges of reckless homicide, aggravated driving under the influence of drugs and failure to reduce his speed to avoid an accident -- his speed has been reported at 100 mph at the time of the accident.

In 2006, the man was driving through Chicago's West Side, again at speeds of 100 mph, when he slammed into another vehicle, killing 28-year-old Ewa Kwiatowska, according to the Southtown Star.

The newspaper reported that he pleaded guilty to reckless homicide and was sentenced to six years in prison but was paroled last year.

He was back on the road with a valid license, despite only being halfway through a prison sentence for killing someone while behind the wheel.

Meanwhile, the Cook County Clerk of Circuit Court's Office and the office of Secretary of State Jesse White, which regulates driver's licenses in Illinois, are arguing about how and why this man's driver's license was not revoked.

A spokesman for White said his office relies on electronic updates to the state's driver's license system. The automated approach, used in 88 of the state's 102 counties, results in 5,000 updates per day -- about one-third of that volume comes from Cook County.

While there is much finger-pointing about why this driver's license was not suspended, there seems to be little mention of why he was out on parole less than 3 years after his conviction.

Nor has there been much discussion or what can be done to prevent drivers -- licensed or unlicensed -- from recklessly destroying lives behind the wheel of an automobile.

In Australia, where unlicensed driving has been studied extensively, a report found that almost 4 of every 5 accidents involving an unlicensed driver were the fault of the unlicensed driver.

A study of U.S. drivers by the AAA Foundation, titled Unlicensed to Kill, found that 13.8 percent of all fatal crashes involved an unlicensed driver.

The report concluded that more than 7,000 fatal crashed each year involve a driver who had their licensed suspended within the preceding three years.

A 62-year-old woman died Wednesday and 9 people were hospitalized after a van rear-ended a Chicago Transit Authority bus in a South Side Chatham neighborhood.

The Chicago bus accident occurred on Tuesday afternoon when the CTA southbound No. 4 Cottage Grove bus was stopped at 83rd Street and Cottage Grove, where it was rear-ended by the van at about 4:40 p.m., according to the Chicago Sun-Times.

The woman, a van passenger, was taken to John H. Stroger Jr. Hospital, where she was pronounced dead shortly after 3 a.m. Wednesday, the Cook County Medical Examiner’s Office reported.

A Chicago fire media affairs spokesman reported 10 people were injured -- three were hospitalized in critical condition while seven others were reported in stable condition. Victims were taken to John H. Stroger Jr. Hospital, Advocate Trinity Hospital, Jackson Park Hospital, Little Company of Mary Hospital and Health Care Centers in Evergreen Park and South Shore Hospital.

Police reported that five of the injured were occupants inside the van.

The Chicago Breaking News Center reported the van belonged to an adult day care center and the van's driver was issued multiple citations.

The Chicago Transit Authority reports an average of 26.5 million monthly rides this year, or about 1 million boarding per day. The Cottage Grove bus is the busiest in the system, with about 22,000 riders per day.

The outcome of a two-day distracted-driving summit in the nation's capital included an executive order signed by President Obama late last week that forbids all federal employees from text messaging while driving on the job in a government-owned vehicle.

The Chicago car accident lawyers and the personal injury and wrongful death attorneys at Abels & Annes continue to monitor new laws banning distractions behind the wheel. Illinois became one of the latest states to ban text messaging (as well as the use of cell phones in school zones and road construction sites) with a new law passed this summer, which takes effect Jan. 1. Violators face fines and repeated violations can lead to license suspensions.

The City of Chicago already has a law in place prohibiting drivers from using cell phones.

Drivers violating the law can also be held responsible in civil court for the damage and injuries they cause in a Chicago car accident. The increasing number of laws banning text messaging and the use of cell phones by drivers is aimed at reducing the more than 4,000 car accidents a day the federal government estimates are caused by distracted driving.

"Driving while distracted should just feel wrong -- just as driving without a seat belt or driving while intoxicated seems wrong to most Americans," Transportation Secretary Ray LaHood said at the summit, attended by more than 300 lawmakers, safety experts and industry representatives.

The Obama administration also said it would consider new restrictions on cellphone use by rail, truck and bus drivers as part of the initiative to reduce accidents caused by distracted driving.

A recent study by the University of Utah reported that distracted driving reduces reaction time as much as drunk driving. Incidents are most common among young, inexperienced drivers, according to the National Center for Statistics and Analysis.

LaHood said the administration would push states to pass laws against distracted driving, especially for school bus drivers. The department will also seek a new rule to revoke commercial drivers' licenses for school bus drivers convicted of texting while driving.

As reported earlier this summer on Ables & Annes' Chicago Car Accident Lawyers Blog, the summit follows a recent report in The New York Times, which found that Illinois passed one of just 10 new distracted driving laws nationwide, of the more than 170 that were introduced last year.

Driving while talking on cellphones has been banned in seven states, and texting while driving has been banned in 18 states, according to the Los Angeles Times. Seventeen states have made it illegal for school bus drivers to use cellphones while driving.

Sen. Charles E. Schumer (D-N.Y.) urged the administration to endorse a proposed law he is sponsoring, which would require all states to ban texting or e-mailing by drivers or risk losing 25% of their annual highway funds.

"The fact is, the federal government cannot, by itself, outlaw texting while driving," Schumer said, noting that states have the authority to make such laws. "But the federal government can make it hard for those states that don't go along."

Continue reading " President Obama bans text messaging by federal drivers -- nationwide push against distracted driving continues " »

A Cicero man was sentenced to 7 years in prison this week for causing a fatal Chicago car vs. bicycle accident last year while driving drunk, according to the Chicago Breaking News Center.

The 50-year-old man pleaded guilty at the Cook County courthouse in Maywood in connection with the Chicago drunk driving accident. He had been charged with one count each of aggravated DUI and leaving the scene of an accident involving death or injury.

He admitted to running a red light in his van on Roosevelt Road about 8:30 p.m. on July 23, 2008, where he struck a 49-year-old woman crossing Roosevelt on her bicycle. He left her lying in the street, severely wounded with broken bones and a head injury and fled the scene because he did not have a driver's license, according to the Chicago Tribune.

The victim, Wilma Bradford, 49, of Cicero, survived for six months in a coma before dying in January as a result of her injuries.

Police found the hit-and-run driver in the attic of his home about an hour after the crash. Blood and urine samples taken four hours after the crash showed he had cocaine in his system and a blood-alcohol content of .06, just under the legal limit of .08.

His license was suspended because at the time of the accident and he had just been convicted of misdemeanor driving under the influence, according to Assistant State's Attorney Jamie Santini.

It has not been reported if the family of the victim is pursuing a civil wrongful death action against the driver.

Continue reading " Cicero driver sentenced to prison for killing bicyclist in Chicago drunk driving accident " »

A majority of motorists favor mandating high-tech devices that would prohibited people from driving vehicles under the influence, according to the results of a new study conducted by the Insurance Institute for Highway Safety.

About 180,000 interlocks -- devices which test an operator's blood-alcohol level before allowing a vehicle to be operated -- are mandated for use by some drunk driving offenders. Widespread use of interlocks by all motorists has been increasingly debated as a way to lower road fatalities caused by drinking and driving.

The Chicago drunk driving accident lawyers and the personal injury and wrongful death attorneys at Abels & Annes continue to monitor enforcement and safety issues surrounding the prevention of drunk driving, which accounts for about one-third of all traffic fatalities

Nationwide, the number of fatal drunk driving cases dropped slightly in 2008, to 11,773 compared to 13,041 in 2007. But alcohol-related fatalities still account for about 1 in every 3 of the nation's 37,261 road deaths in 2008, according to the National Highway Traffic Safety Administration.

In Illinois, 362 people were killed by drunk drivers last year of the 1,043 traffic fatalities.

About 3 of 4 survey respondents were aware of interlocks being required for some people with DUI convictions. Connected to a car's ignition system, the devices keep vehicles from starting if an operator's blood-alcohol level registers above a predetermined level, usually set below the legal threshold of .08.

While the Insurance Institute says the devices have been successful in reducing the risk posed by prior drunk-driving offenders, the group contends that most fatal crashes involve drunk drivers who have not had a prior offense in the past 3 years, and so would not be subject to mandatory use of the devices under various existing state laws.

The group contends 8,000 lives could be saved by equipping all vehicles with such devices and points to the study's results as proof the general public might be receptive to the idea.

"The results are clear-cut and a bit surprising," says Anne McCartt, Institute senior vice president for research. "We didn't expect to find support across the board for the idea of detecting alcohol in everybody, but this survey tells us people are ready to crack down on all impaired drivers, not just those who've had DWI convictions."

Technology would have to be improved so that the devices could be invisible and maintenance free-- current interlock devices are large, visible, "unwieldy and obstructive," according the the group.

However, the Institute reports that a partnership between the National Highway Traffic Safety Administration and Automotive Coalition for Traffic Safety, is exploring new detection technologies that could be developed for widespread use.

"The idea is to stop anyone from operating a vehicle if the BAC registers 0.08 percent or higher, not to prevent drivers from having any drinks at all before getting in their cars," McCartt said.

Sixty-four percent of survey respondents said the devices would be a good idea in all cars if the technology proves reliable. Only 30 percent said it's a bad idea.

Continue reading " Study claims majority of motorists would support mandatory ignition interlocks on all vehicles to avoid drunk driving accidents " »