Chicago Personal Injury Lawyer Blog

The New Year will bring with it a new ban on text messaging for Illinois motorists after Gov Pat Quinn signed a ban this week in an effort to reduce car accidents caused by distracted drivers.

The Chicago car accident attorneys at Abels & Annes have been following this issue for months. Earlier this month we blogged about the fact that the Illinois law was one of only about 10 laws passed to combat distracted driving this year. Nationwide, about 170 laws were introduced, according to a study by The New York Times.

Federal statistics suggest more than 4,000 people a day are involved in a car accident because of distracted driving.

"It's really bad that we have to legislate logic," said Secretary of State Jesse White, who pushed the measure. "Common sense would tell you that when your eyes are off the road, who's driving?"

A companion law also makes it illegal to use a cell phone in a school or construction zone unless it is equipped with a hands-free device.

The laws take effect Jan. 1. The Chicago Tribune published the following tips for complying with texting ban come New Year's Day.

You cannot do the following:

Cannot send a text message, read a text message, send e-mail, use the internet, download ringtones, and/or send an instant message.

You can do the following:

Can continue to use your GPS device, continue to use your cell phone's GPS device, text if traffic is stopped and your car is in park or neutral, can text if you pull over onto shoulder, and can text if you’re reporting an accident or emergency.

Violators face a fine of $75 and three or more violations in a year could lead to a license suspension.

Continue reading "To reduce Illinois car accidents, text messaging becoming illegal for Illinois drivers" »

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

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

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

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

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

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

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

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

Pedestrian vs. car accidents in Chicago are a big issue as warm weather arrives. Due to a large increase in Chicago pedestrian fatalities in 2008, the Police Department is stepping up their efforts to protect people on foot from cars. They are running a sting operation to catch people who fail to yield to pedestrians, where undercover officers pose as civilians in crosswalks. Further, the Illinois legislature is considering a new law that would require drivers to stop for pedestrians rightfully crossing the street (not just yield).

On Sunday, Chicago accident attorneys from Abels & Annes appeared on CBS News in Chicago to discuss a pedestrian injury case that they are currently working on. The client was hit and severely injured while crossing in a crosswalk at Irving Park and Austin on the Northwest Side. The 38 year old driver of a 2006 Audi A4 failed to notice her crossing.

The Chicago resident was transported by ambulance to Lutheran General Hospital with severe head trauma. Emergency surgery was performed and the client remained in a coma for over two weeks.

Late last week, medical doctors at the hospital were able to wake her. She is in good spirits, however, her road to recovery is long from over. She is expected to remain in the hospital for an extended period of time.

The injured pedestrian has retained Abels & Annes to pursue a civil claim against the driver's auto insurance carrier. Witnesses to the accident should contact Abels & Annes, or fill out the contact form on our website.

Click here to view the CBS story.

In Cook County, Illinois, injury lawyers from Abels & Annes have filed a lawsuit on behalf of a Chicago physician who was seriously injured in a car accident. The crash occurred on June 23, 2008 in the afternoon when the defendant rear-ended the plaintiff.

Our client had been driving northbound on Broadway in Chicago. When she arrived at Broadway’s intersection with Irving Park Road she stopped in the left turn lane with her left turn signal on to await her opportunity to make a left turn onto westbound Irving Park Rd. While she was stopped her vehicle was rear-ended. The lawsuit alleges the defendant failed to keep a proper lookout, failed to stop for stopped traffic, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area.

The doctor had an almost immediate onset of back and neck pain following the collision. She was transported by ambulance from the local police station to Thorek Memorial Hospital’s Emergency Department.

Upon arrival at the Emergency Department a history was taken, she was examined and diagnostic tests were performed. The doctor complained of head, neck and low back pain. She was initially diagnosed with a back strain, prescribed pain medication, muscle relaxants and instructed to seek follow up treatment after discharge.

Continue reading "Chicago Car Accident Lawyer Files Lawsuit For Injured Medical Doctor" »

In Chicago, Illinois, just days after an off-duty detective rear-ended and killed two people in a car accident on the Dan Ryan Expressway, Police Superintendent Jody Weis is saying that he is going to change how the department handles cops that drive while intoxicated, according to the Chicago Sun-Times. A new policy is now in place that notifies a watch commander whenever there is a possible cop DUI. The watch commander must then go out to the scene of the occurrence. The policy is to apply to both on duty and off duty officers.

Fifteen officers were arrested last year for DUI, compared with eight in 2007. Some of those arrests were well publicized. As for last week's accident, the detective's blood alcohol level was allegedly three times the legal limit. He has been charged with reckless homicide, DUI and leaving the scene of an accident.

Last week's accident received more unwanted attention this week when the Judge set bond in the amount of $500,000. There were protests at the Courthouse when this occurred, as family and friends of the victims felt the officer received preferential because of his employment. The detective has posted bail and will appear in Court again on May 1, 2009.

The City of Chicago is close to banning drivers from sending text messages while at the wheel, according to the Chicago Tribune. Drivers would also be banned from surfing the web. If caught, the driver would be fined $75, or $200 if involved in an accident.

Alderman Edward Burke is leading the way to get the law passed by the City Counsel. He believes that it would improve safety on the roads. Alderman Burke introduced the proposed text ban just days before the LA train crash, where the train's engineer reportedly was texting just 22 seconds before the deadly accident.

Eight States have laws that ban texting while driving. Washington was the first state to ban it, and several other states are considering similar legislation, according to seatlepi.com.

While the law is a good idea, and texting while driving seems very unsafe, in reality it may be hard law to enforce. In the first nine months the law was in effect in Washington, only 2 tickets were issued in Seattle Municipal Court. It could be that it is hard for law enforcement officers to spot offenders.

David Abels & Associates, P.C. is currently acting as co-counsel with the firm of Hilfman, Martin & Barr P.C. in a lawsuit against the Archdiosese of Chicago relating to the sexual misconduct of Father Daniel McCormack. Last week the Court heard the Plaintiff's Motion To File an Amended Complaint Seeking Punitive Damages against the defendants. This motion was argued by Bill Martin. The Honorable Jeffrey Lawrence denied the motion, but Judge Lawrence said that he would be willing to hear the motion again after the parties complete some discovery.

The Court focused on the information contained in the report of the Archdiocese's consultant, Defenbaugh, and specifically commented on 1999 reports from Sister Mary Therese Cusack to the Archdiocese relating to improper conduct by McCormack. The court indicated that the allegations in the plaintiff's motion may be sufficient to allow the plaintiff to pursue punitive damages, but that these allegations required additional legal evidence in the form of depositions or affidavits. Plaintiff's counsel intends to take the depositions of Archdiocesan personnel and to resubmit this motion to the court.

Daniel McCormack has plead guilty in criminal court to abusing five boys. He is serving a five year prison sentence.

Continue reading "In Dan McCormack Sex Abuse Lawsuit Against Archdiosese, Judge Denies Punitive Damages Motion - Willing To Reconsider Issue After Further Discovery" »

The parents of a teen killed when a semi truck slammed into a CTA train station in Chicago have filed a wrongful death lawsuit in Cook County against the truck driver and trucking company, according to the Associated Press. The lawsuit alleges that the 64 year old truck driver was driving too fast for conditions, ran a red light, and failed to use his horn to warn of impact.

The driver, who is from Metamora, Michigan, received a traffic ticket for the April 25 accident, but no criminal charges have been filed.

The accident happened when the driver crashed his semi truck into the CTA Red Line train station at Cermak Road on the South Side during the evening rush hour. One other woman was killed and twenty one others were injured, according to the Chicago Tribune and various other news sources.

The truck had just come off the Dan Ryan Expressway near Chinatown when it crashed into the train station and traveled several steps up an escalator. Some witnesses believed the truck was going 40 - 50 mph when it hit the station. Chicago Police Department officials have stated that the two women killed were pedestrians walking near the CTA station.

The cause of the truck crash is still unknown. The truck driver was taken to Stroger Hospital where he tested negative for alcohol, but then he refused a urine test and asked to be discharged from the hospital, stating that he had no insurance to cover treatment. He was then released into the custody of the Chicago Police Department.

A Chicago Fire Department official stated that twenty one injured were taken to area hospitals, and eleven of those were in critical condition. Four people had to be cut out of the escalators at the station by rescue workers.

A Chicago truck driver who caused a rear end collision on a tollway in 2003 that resulted in the death of eight women was sentenced to four years in prison this past Thursday for reckless homiside, according to the Northwest Herald and several other news sources. The truck crash occurred in October, 2003, near the Marengo-Hampshire toll plaza on Interstate 90 in McHenry County, Illinois. The truck, driven by a 54 year old driver, struck a 25-seat bus in which the eight women were passengers from behind as the bus slowed for traffic.

At trial in November, 2007 McHenry County Judge Sharon Prather found the driver guilty of eight counts of reckless homicide and also failing to maintain his truck’s brakes. Crash scene investigators testified that the truck was at least going 60 mph when it collided with the bus. The accident also occurred in a 45-mph construction zone.

The eight women killed were from the Chicago area and were returning from a day-trip at a Rockford garden. The driver was taken into custody after sentencing, as he had been out of custody on a $40,000 bond. He will only have to serve 18 months of his 4 year sentence if he receives crdeit for good behavior.

On Friday two lawsuits were filed in Cook County, Illinois stemming from Wednesday's SUV Accident that happened in South Suburban Crestwood that left fifteen people injured, according to the Southtown Star. One of the lawsuits was filed by an Oak Lawn couple.

The car vs. pedestrian accident happened around 11:45 a.m. at the Tri-State Auto Auction when a 2000 Range Rover sport-utility vehicle that was going on auction accelerated without warning, drove through a crowd inside the auction house, hit a minivan, exited the building, and then ran into a second crowd of people.

Robert Schutzenhofer, 61, is being represented by Parente & Norme, P.C. and is still in critical condition with severe and life-threatening injuries. He is in intensive care unit at St. James Hospital in Olympia Fields, Illinois.

The Illinois State Police are reportedly investigating whether the vehicle had a mechanical problem. The auction driver was taken to the Crestwood Police Department for interview and it is unknown if any type of charges will be filed. Attorneys for Schutzenhofer plan on investigating both driver error and a mechanical problem as they move forward in the case, however they feel that a mechanical failure is not likely.

Continue reading "Lawsuits Filed In Chicago Area SUV vs. Pedestrian Car Auction Crash" »

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 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.

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?" »

Less than 2 months after a jury awarded the family of former Chicago Blackhawk Keith Magnuson 9.5 million in a wrongful death auto accident lawsuit, the at fault party, former NHL player Rob Ramage was sentenced to 4 years in prison. The case stems from a fatal drunk driving accident that killed the former Chicago Blackhawk in 2003. The two former NHL players were traveling from a funeral together outside of Toronto, Canada when the accident took place.

A judge in Ontario, Canada sentenced Ramage for impaired driving causing death, and banned him from driving for five years after his release. Ramage played 15 years in the NHL as a defenseman with eight teams, and was on Stanley Cup winners with the Calgary Flames and Montreal Canadiens.

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.

The Governor of Kansas, Kathleen Sebelius, has named Melissa Taylor Standridge to the Kansas Court of Appeals, citing her extensive litigation and court experience, as well as her involvement in the community and commitment to the children of Kansas. “Melissa’s years of experience with the judiciary and her work in private practice will be beneficial as she joins the Court of Appeals,” Sebelius said. “With strong ties to her community and a breadth of legal experience, I am confident Melissa will serve the people of Kansas well.”

There are only 13 Court of Appeals Judges in the State of Kansas. Standridge fills a new position created by the Legislature in 2007.

Melissa has practiced law for 14 years and has served as chambers counsel for U.S. Magistrate Judge David J. Waxse in Kansas City, KS, since October 1999. In the 8 years with Judge Waxse, Standridge has been responsible for analysis and resolution in hundreds of cases, and has written over 300 proposed opinions, activities which prepare her well for the duties of the Kansas Court of Appeals. Prior to that she practiced four years with Shook, Hardy & Bacon in Overland Park, Kansas. She also worked as chambers counsel to the Honorable Elmo Hunter in the United States District Court for the Western District of Missouri from 1993-1995.

She graduated law school in 1993 from the University of Missouri - Kansas City School of Law. There she was editor-in-chief of the school's law review. She attended undergrad at the University of Kansas in Lawrence.

Melissa Taylor Standridge, U.S. Supreme Court Justice Stephen G. Breyer, and David Abels.

Melissa was the 2004 recipient of the American Inns of Court’s Sandra Day O’Connor Award for her great work in the areas of public service and pro bono activities. Below she is pictured at the American Inns of Court banquet in Washington D.C. with U.S. Supreme Court Justice Stephen G. Breyer and David Abels. She later met with Justice Sandra Day O'Connor in chambers and then was a guest for that morning's oral arguments in front of the U.S. Supreme Court.

Congressman Dennis Moore (Third District – Kansas) recently nominated Melissa for 2007 Angels in Adoption for her hard work on behalf of foster children. Melissa is a licensed foster parent and has fostered four children. She has adopted 3 foster children when parental rights of the birth parents were terminated. She also serves as chairperson of the Alternative Care Review Board.

In the Abels family, we will always remember Melissa's tireless efforts to help find my brother, Ben Abels, who was lost in the 2004 Tsunami. During the weeks following the disaster, she dropped everything she was doing in Kansas and traveled to Chicago to help in the search. Melissa is a first cousin of Dave Abels.

Melissa Taylor Standridge and U. S. Supreme Court Justice Sandra Day O'Connor.

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.

Cook County Judge Diane Larsen has ruled Illinois' law limiting jury awards for medical malpractice cases unconstitutional. The law imposed a cap on non-economic damages (pain and suffering and disfigurement) of $500,000 against doctors and $1,000,000 million against hospitals.

The ruling was made in Estate of Lebron Abigaile, et. al., v. Roberto Levi Dancona, M.D., et. al., Cook County Case No. 2006 L 012109. The case will now most likely go up on appeal directly to the Illinois Supreme Court.