February 12, 2010

Illinois Motorcycle Accident Result of Drunk Driving: Leads to Liability On Behalf Of Driver and Liquor Store Under Illinois Dram Shop Act

In an Illinois motorcycle accident, a case involving a drunk driver shows how both the drunk driver and bar or liquor store are equally responsible for the ensuing actions.

Motorcycle%20Wheel%202.jpgAfter drinking at two different bars for about three and a half hours the defendant, Donald Adcock, took Jerica Klocke for a ride on his motorcycle. As they approached an intersection, Adcock lost control of his bike and crashed. He died at the scene. Klocke suffered severe injuries from which she died about 13 hours after the Illinois motorcylce crash. She survived by her parents and three brothers. She was 19 at the time of her death and was working as a medical receptionist with plans to go to college.

According to the Illinois Department of Transportation, “Approximately three out of ten Americans will be involved in an alcohol-related Illinois traffic accident in their lifetime.” While it is generally assumed it is wholly the fault of the drunk driver for an accident that may occur, this is not the case.

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February 5, 2010

Toyota Recalls Reaches New High As Models Expand to Include Prius and Other Hybrids

Toyota recently announced another recall in the long line of Toyota recalls instituted since Toyota's September 2009 recalls. In the past year around 8 million Toyota vehicles have been recalled and now over 400,000 of their hybrid vehicles, including the high selling Prius, have been recalled.

Prius%201.jpgThe unusually large number of recalls due to potential product defects have caught the attention of the top safety officials at the U.S. Department of Transportation. Transportation Secretary Ray LaHood and other top auto safety officials have made requests for information from Toyota since November, but the manufacturer has yet to comply with the requests.

It has been suggested by a senior American Transportation official that executives at Toyota were "dragging things out" and that the U.S. officials have had it with the automaker's lack of corporation regarding its auto product defects. The official goes on to state that they "were getting excuses [from Toyota] that didn’t make sense anymore.”

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January 15, 2010

Dangers of Illinois Intersection Car Accidents Highlighted By Recent Chicago Auto Accident: Two South Suburban Cook County Motorists Left in Critical Condition

Intersections are prime spots for Illinois car accidents. As drivers and pedestrians you should be extra cautious at intersections and crosswalks. A recent Chicago car accident illustrates just how dangerous intersections can be.

Intersection%201.jpgOn the evening of January 10, 2010, an Illinois driver ran a red light on Chicago's Southside and struck another vehicle. While the driver was cited for his negligence by the Chicago police, the Chicago car crash left two individuals from the second car in critical condition.

Unlike other areas of the roadway, where drivers are driving in similar directions, at intersections there are many different directions of traffic that converge. For example, in the above Illinois car crash, the driver running the red light struck the other car who was attempting to make a left-hand turn. Presumably when the driver was looking to turn left he was looking to make sure that oncoming traffic was clear and not for any drivers that were potentially disobeying the traffic signals.

While it is always a good idea to be a defensive driver and aware of your surroundings, this is even more important at an intersection. When auto accident victims are interviewed they often say that the other driver came out of nowhere. This could be attributed to the fact that there are so many factors to be aware of in an intersection yet our eyes cannot be looking everywhere at once. Therefore, when a driver comes from an unlikely source, e.g. from running a red light, it might seem that they appeared out of thin air. So please practice extra caution when driving or walking in intersections and make sure to always obey all signals and rules of the road in order to avoid potentially deadly Illinois auto accidents.

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January 8, 2010

Chicago Hit and Run Accident Results in Woman's Death

Common sense tells us that anytime a car accident involves a pedestrian that the results are not going to be good. Pedestrians are no match for the steel and speed of a moving vehicle. However, with immediate medical attention a fatal outcome may be averted. Unfortunately, a west-side Chicago woman was not offered this chance; she was a victim of a hit and run.

Cross%20walk%201.jpgLate this evening an 82 year-old woman in Chicago's Austin neighborhood was walking across the street when she was struck by a car. The motorist not only failed to report the Illinois automobile accident, but also fled the scene. Police were able to apprehend the driver thanks to eyewitness reports.

The automobile driver has been charged with failure to report an accident involving death and for leaving the scene of an accident involving an injury or death. The individual was also cited for operating his motor vehicle without insurance and failure to give the right of way to a pedestrian.

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November 9, 2009

Could Product Defect Be at Fault? Toyota and Lexus Cars Reported to Have Numerous Sudden Acceleration Accidents

According to the Chicago Tribune, since 2001 over 1,000 Toyota and Lexus owners have reported that their cars having suddenly accelerated on their own. Sometimes these runaway cars were found after crashing into trees, parked cars, brick walls, and other obstacles. In fact, some of these crashes have resulted in death with as many as 19 deaths directly related to sudden accelerations reported over the last ten years.

toyota_logo%201.jpgTo date there have been no less than eight investigations into the sudden accelerations in Toyota and Lexus cars by the National Highway Traffic Safety Administration (NHTSA) over the last seven years. NHTSA investigated the cases from all angles, including whether there was any product defect responsible for the occurrences.

Toyota recalled around 85,000 vehicles in response to two of those inquiries, but the federal agency closed six other cases without finding a defect. Some of those cases closed by federal officials were those in which drivers said they were unable to stop runaway cars even trying to stop by using their brakes. In spite of the NHTSA closing some of these cases, fatal crashes involving Toyota cars have continued to rise.

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October 26, 2009

Illinois Car Crash Death Case Settled: Chain Restaurant Held Liable

A recently settled Illinois wrongful death case presented a unique theory of liability that targeted the owner of a restaurant more so than the driver who caused the Illinois car accident.

Subway%20Restaurant%201.jpgThe decedent was tragically killed when an 85 year-old man mistakenly accelerated instead of braking, crashing his Chrysler Sebring into a Subway sandwich shop at a busy Chicago intersection. The decedent was killed when the driver's vehicle slammed into the store and pinned the patron between the car and the restaurant counter.

The decedent's estate relied on the Illinois Supreme Court case of Marshall v. Burger King Corp., 222 Ill.2d 422 (2006), in which the Illinois Supreme Court overturned a “no-duty” ruling of the trial court and determined that business owners had the duty to protect patrons from out-of-control vehicles crashing through their walls. Targeting the owner of the premises, in this case Subway, set the current case apart from many other theories of liability. The estate alleged that Subway's negligence in preventing the Illinois car accident was foreseeable because of the poorly designed parking lot and the lack of protective barriers between the lot and the front of the restaurant.

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August 14, 2009

Illinois Motorcycle Accident Results in Factory Worker's Death

In 2007, an Illinois factory worker was driving a motorcycle when an SUV turned in front of him, killing him instantly in the collision that followed. The decedent's family brought an Illinois wrongful death lawsuit against the college student who was driving the SUV and received a settlement of $3 million.

MotorcycleA%201.jpgMany drivers forget that automobiles and motorcycles function very differently and each have their own strengths and weaknesses. While a motorcycle is quick and easy to maneuver through traffic, it is also difficult to see. Whereas while it is hard to avoid seeing an SUV, it does have the disadvantage of being difficult to maneuver.

Prior to the settlement in this Illinois motorcycle accident case, the defense attorneys argued that the motorcyclist was at fault for not keeping a proper lookout of the SUV's activity. But the obvious retort to this is that the SUV did not keep a proper lookout when he entered the motorcyclist's lane. When driving it is important to remember to pay attention not only to your own vehicle, but to all of those vehicles around you.

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March 12, 2009

Illinois Car Crash Leads to $2.5 Million Settlement for Personal Injuries Suffered by Minors

Parents will take much more precautions after they read about the $2.5 million settlement arising from an Illinois car crash involving two minors who were drinking in a Lake County, Illinois family’s home. One of the minors involved in the car accident is now paralyzed from the chest down. Baldwin v. Klairmont et al., No. 07 L 105.

Beer%20Bottle%201.jpgIn November 2006 when the minors were drinking beer in the Illinois family's home, the wife was present and apparently allowed the underage drinking. The lawsuit alleged that the parents had a duty to supervise the activities in their own home. The family’s younger daughter had invited the two minor boys to their home where they proceeded to drink. The lawsuit asserted a negligence claim alleging that the family adults had several opportunities to stop the teens from drinking, but did not.

The teens left in a car after the husband came home and discovered that they were drinking. The vehicle that one of the minor boys was driving crashed into a utility box injuring him and his passenger. The lawsuit was brought under the 2004 Illinois Drug or Alcohol Impaired Minor Responsibility Act, which allows for civil penalties against adults who serve alcohol to minors and then injure someone else.

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March 4, 2009

Car, SUV And Truck Rollover Accidents No Longer Being Ignored By Manufacturers

Car and truck manufacturers have largely ignored the product defects causing insufficient occupant protection and rollover crashes until recently, relying instead on inadequate minimum government standards. However, this is changing in light of increased pressure from a consumer-friendly government coupled with years of having to compensate victims of rollover deaths and personal injuries. These manufacturers are now taking steps to protect the public.

Car%20Roof%201.jpgIn 2005, the National Highway Traffic Safety Administration (NHTSA) proposed an upgrade to the 1973 version of the federal roof crush standard for automobile manufacturers. At that time, the standard was so weak that most occupants in a rollover would be severely injured or killed. That standard merely requires a vehicle roof resist a static force of 1.5 times the empty weight of the vehicle or 5,000 lbs., whichever is less. This kind of standard does not reflect the dynamic forces that a vehicle typically experiences in an actual rollover. In virtually every rollover, the roof makes contact with the ground on one side or then the other.

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February 23, 2009

Passenger Bus Crashes Increase In Frequency As Safety Issues Arise

Evidence shows that bus passengers in Illinois and nationwide run a higher risk today than in the past. Whether due to poor oversight, poor bus design, maintenance problems, or inattentive operators, the level of safety on the average commercial bus is far from what it should be. If these issues are not corrected then there will be a continued rise in the number of injured and killed passengers and tragic bus crashes.

Bus%201.jpgOne way to stem the increase in passenger injuries and deaths could be an increase or stricter enforcement of regulations in place to protect the traveling public. Poor reinforcement of the current regulatory structure has resulted in an environment where a bus company and its drivers operate freely without any fear of consequence.

Another measure is to increase safety features. Research has proven again and again that an increase in safety features can increase survivability in bus crashes. Yet commercial buses are not nearly as safe as they should be. Unlike safety measures taken in airplanes or cars, advances in passenger safety on buses have been slow. There are many ways to make buses safer.

For example, seat belts have been standard on both airplanes and automobiles, but not on buses. Incredibly most buses are not even equipped with seat belts.

Buses could also be made more crash worthy. The strength of a bus roof depends on its support structure. The pillars between the windows of the bus are critical. The bus manufacturers have enlarged their vehicles’ windows for the convenience of passengers, but the support structure for the roofs has been compromised.

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December 31, 2008

Is New Year's Eve The Most Dangerous Time of the Year to Be On the Road? What About for Pedestrians?

New%20Years%201.bmpNew Year's Eve is a time to celebrate the coming of 2009. Restaurants and bars in Chicago and nationwide are lively as many celebrate the holiday and the arrival of the new year with drinks and merriment. It is easy to imagine that New Year’s Eve is a risky time for drivers and pedestrians in Illinois and the rest of the states.

Holidays in general are the most hazardous times for drivers due to sharp increases in traveling and drunken driving. And when it comes to New Year’s Eve, research offers sobering statistics.

From 1986 to 2002, the Insurance Institute for Highway Safety (IIHS) has researched accident data in the United States, New Year's Day ranks fourth in terms of most accident-related fatalities on a given day. Coming in at first and second are the 4th and 3rd of July, followed by December 23rd. Based on these statistics New Year's Eve and Day are not the riskiest days of the year to be out celebrating.

Yet a closer examination of the statistics reveals something peculiar. While it might not be the deadliest day for those in vehicles, it is the deadliest day of the year for pedestrians. According to the IIHS study, New Year's edged out Halloween as the having the highest incidences of pedestrian deaths. On New Year's a large majority of these deaths can be attributed to the increase in drinking and celebrating. Half of the deaths involved alcohol impairment and 58% of the pedestrians who were killed had a high blood-alcohol concentration.

So this year when you are out celebrating the end of 2008 and the beginning of 2009, please remember to be safe and responsible. Happy New Year from the staff at Kreisman Law Offices.

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November 14, 2008

Illinois Truck Accident: Driver Cleared In 'Unavoidable Accident'

Typically Illinois courts reward and protect an injured party. For example, if one party is negligent because they ran into a stopped car at a red light, then the injured driver would normally prevail at trial. But this is not the case when the negligent driver was part of an 'unavoidable accident'.

Garbage%20Truck%201.bmpA recent Illinois trucking accident case ruled in favor of the defendant truck driver on summary judgment (Coole v. Central Area Recycling, 2008 WL 2955543 (4th Dist., July 28)) . The facts of the case were such that the court determined there was an 'unavoidable accident' so the defendant was not at fault.

In Coole, the truck driver was driving 5 mph over the speed limit as he approached an intersection; there was no stop light or stop signs controlling his movement. At the same time the plaintiff was also approaching the same intersection. She had a stop sign, but rolled through it and was struck by the defendant truck driver who was going over the legal speed limit. The truck driver contended that he didn't have time to stop or avoid the broadside collision with Coole's vehicle. Coole died as a result of the collision and her father brought a wrongful death lawsuit against the truck driver.

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November 11, 2008

Illinois Automobile Owner Responsible for Authorized Driver's Negligence

In Illinois and most other states when an automobile owner permits another person drive their car then the driver's negligence can be assigned to the vehicle's owner.

Hand%20Over%20Keys%201.jpgFor example, consider a Missouri case of Sam and his aunt Sandra [Back v. Winfield-Fire Protection Dist., No. SC 89001 (Mo. banc 2008)]. Sandra owns an automobile, but does not have a driving license, whereas her nephew, Sam, does. So when Sandra needs to go to a meeting she recruits Sam to drive her. On the way to her meeting Sam rear ended a fire truck that was partially parked in his lane with its emergency lights on.

As a result of the crash, his aunt was injured, and consequently sued her nephew and the fire protection district for negligence. Her nephew was dismissed after settling out of court with his aunt for $25,000. The case against the fire department continued on to trial, where the jury awarded $100,000 for her suffering. But because the jury found her to be 50% at fault in the accident, with the district also being 50% at fault, her damages were reduced by half.

The aunt appealed the reduction of her award by arguing that the trial court should not have instructed the jury that she could be held at fault because her nephew was negligent when he failed to keep a proper lookout. She felt that because she was a passenger she did not have a right to control it even though she owned the car.

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September 9, 2008

Chicago Not Liable For Fatal Crash Involving Two Children Struck By Chicago Police In Unmarked Car

Chicago U.S. District Court Judge granted summary judgment in favor of the City of Chicago, dismissing the case brought against two Chicago police officers who ran over two young Chicago children. When it hit the children the officers' unmarked car was driving at high speed with no lights or flashers.

Police%20Car%201.jpgThe suit claimed that the City of Chicago and its two officers violated the children's right to substantive due process under the 14th Amendment to the U.S. Constitution. The issue before the court was whether an auto accident caused by reckless driving forms the basis for constitutional liability under the substantive due process clause.

According to Judge Hibbler, the U.S. Supreme Court has held that recklessness in such a situation is not enough. The rule of thumb for establishing the threshold in a substantive due process challenge comes for the ruling in County of Sacramento v. Lewis, 523 U.S. 833 (1998): whether the behavior "is so egregious, so outrageous that it may fairly be said to shock the conscience."

Under Hill v. Shobe, 93 F.3d 418 (7th Cir. 1996), it was held that reckless driving alone was not enough cause to impose liability under the due process clause. Furthermore, Lewis ruled that a high speed chase without the intention of causing harm does not meet the level of shocking one's conscience.

Judge Hiller further reviewed the facts of the current case to determine whether the two police officers had intended to harm the two children. Evidence supported that the officer driving was indeed reckless when he struck the children. At the time the officers were speeding down the wrong side of the street with neither their lights or sirens on in an area near a school zone. According to the officers they were chasing a man with a gun. Yet Hiller felt that there was evidence to support the victims' family's claim that the officers were in fact avoiding traffic and there was no man with a gun. One of the boys struck by the police officers died, the other survived.

But while there was ample evidence to support the officers' reckless behavior, there was no evidence that they had intended to harm the two children. Therefore Hiller reluctantly ruled in favor of the City of Chicago's summary judgment and dismissed the case. However, Hiller did recommend to the family that they appeal to the 7th Circuit Court of Appeals in Chicago for further review of the due process claim. That perhaps the Appeals Court would review whether the recklessness shown in the present case would be enough to shock the conscious and thereby violate the substantive due process clause.

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July 29, 2008

Collapsed Seat In Dodge Caravan Found Unsafe and Cause for Infant's Death

The parents of 8-month-old Joshua Flax filed suit against DaimlerChrysler after their son was killed in a car accident involving their 1998 Dodge Caravan. The wrongful death case centered on the allegedly defective design of the minivan's front seat backs. Jeremy Flax, et al. v. DaimlerChrysler Corp., et al.

Minivan%20Seats.jpgJoshua Flax was in the back seat of the minivan when it was rear-ended. The impact caused the front seat to collapse and its passenger to strike Joshua in the head, fracturing his skull. No other passengers were seriously injured and all parties agreed that Joshua was only fatally injured because of the collapsed seat.

In late 2004, a jury found DaimlerChrysler's seats to be defective and unreasonably dangerous, awarding a total of $105,500,000 to Joshua's parents. This amount was later reduced, but the verdict was upheld all the way through the Supreme Court.

Evidence showed that the seat in question had been failing crash tests for over 20 years. Since the '80's Chrysler had been getting complaints that the seats were collapsing and injuring children. In fact, a former employee testified that he had investigated the seats in the '90's because of all the complaints. He was fired after expressing that he wanted to bring the issue to federal regulators.

In its opinion the Supreme Court stated that the evidence showed that not only had Chrysler ignored customer's warnings and failed to redesign their minivan, but they also hid the evidence. In addition, they marketed their minivan as a vehicle that put safety first.

The minivan has been a symbol of modern American families. When Joshua Flax's family strapped his car seat in they felt confident in the safety of their minivan. But they found out all too soon the error in their perception was from the deception by Chrysler.

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July 7, 2008

NHTSA's Roof Crush Standard: Opponents Decry as Ineffective and a Smokescreen for Stripping Consumer's Legal Rights

NASCAR driver Michael McDowell walked away from a violent rollover crash during a race at the Texas Motor Speedway earlier this year. After skidding into a wall and flipping across the track several times he climbed out of his crashed vehicle unhurt. This complete lack of injury is unimaginable in your typical car, but NASCAR vehicles come equipped with roll bars to prevent roof crush in rollover crashes.

Unfortunately your typical street car doesn't come equipped with as stringent safety standards as those enforced by NASCAR. Currently the roof crush standard in the United States requires that the roof must be able to withstand pressure of at least 1.5 times the vehicle's weight. This is the same standard which was established in 1973 and has remained unchanged since its inception. In 2005 Congress proposed that the National Highway Traffic Safety Administration (NHTSA) upgrade its standards in an effort to reduce injuries and fatalities from rollover crashes.

XC90-rollover-test-resized_1.jpgRecently NHTSA came to Congress with a proposal for increasing the weight ratio to 2.5. The minimal increase has drawn a lot of controversy with its opponents calling the increase ineffective. In 2007, over 10,000 people died in rollover crashes. In Illinois there were over 5,000 rollover accidents in just 2006. Yet the NHTSA estimates that its proposed increase would only result in 13 to 44 fewer rollover fatalities a year. Senator Tom Coburn (R-Oklahoma) stated, "If we have a little increase in roof strength that doesn't result in a major decrease in injuries and fatalities, we've done nothing."

And while the ratio change is minimal and drawn criticism as being ineffective there is another controversy surrounding the bill. Possibly worse yet the NHTSA proposal has a throw in; the agency inserted language which would preempt accident victims from suing any manufacturer who met the minimum standard.

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June 23, 2008

Car Accident Pedestrian Death Leads to Cook County Jury Verdict of $2.5 Million- Largest Verdict For Death of 90+ Year Old

The $2.5 Million verdict handed down by a Cook County jury last week was not only the largest in Cook County for a person 90 years or older, but now stands as the largest in Illinois for anyone of that age group that has been injured or killed.

Ms. Grochis was struck by a car crossing the street at Grand Avenue and 73rd Street in Elmwood Park, IL. Because she survived after being dragged 25 feet by the defendant's car, she was awarded $1 Million for pain and suffering. The jury also awarded an additional $1.5 million for the wrongful death of Ms. Grochis, who lived independently, still handling her own shopping and errands, and used public transportation to get around. She was survived by two children ages 56 and 52, along with several grandchildren and great-grandchildren.

This Cook County verdict is reflective of a change in jury attitudes. There had been a tendency among jurors to perhaps discount or hold down the verdict to much lower levels because of the advanced years of the plaintiff. Typically when there has been either advanced years or a perceived life expectancy reduction the verdicts are on a significantly lower scale then the Grochis verdict.

The prior record for a verdict or settlement awarded to the surviving family of a person aged 90 or above was a $825,000 settlement in 1999. The jump between the '99 case and the Grochis verdict reflects that juries are now evaluating cases irrespective of the age of a plaintiff. This changing outlook will influence the way elderly plaintiff's cases are worked up and tried.

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