Truck Mechanic Settles Lawsuit Against Trucking Companies and Railroad
A recent Cook County work site injury lawsuit was settled for $3.375 million; Ortiz v. Cato Karabegovic, et al., No. 06 L 006651. Contributing to the settlement were two trucking companies, a truck driver, and a railroad company.
The plaintiff, Ortiz, was a mechanic working at a railroad yard on Chicago's South Side. While working on the defendant Karabegovic's truck, Ortiz was severely injured after being dragged for 30 feet underneath the moving truck. As a result of this incident, Ortiz sustained multiple fractures and severe nerve damage to his leg, which left him with a permanent foot drop. The 33 year-old Ortiz is no longer able to work as a mechanic as a result of the injury
However, there was some debate regarding who was liable for the plaintiff's injury and to what degree the plaintiff contributed to his own accident. Issues of contributory fault are important in Illinois personal injury lawsuits because if the defense can prove that the plaintiff was more than 50% at fault then any judgment entered against the defense is reduced by the degree of plaintiff's negligence. For example, if a jury returned a $100,000 verdict but found that the plaintiff was 40% negligent, then the jury award would be reduced by 40%, leaving the plaintiff with $60,000.
Continue reading "Truck Mechanic Settles Lawsuit Against Trucking Companies and Railroad" »
In Shinaberry, an out-of-state truck driver was struck by another truck in an 
The plaintiff suffered an acetabular fracture in the 
The Illinois Supreme Courts decision overturned the 
The operator of the van, the plaintiff, sustained cervical and lumbar spine damage that required multiple-level fusion surgery. The defendant who ran the red light at that intersection argued that the plaintiff’s injuries were due to a prior 
The surviving truck driver was not fluent in English and admittedly could not read English. The truck driver therefore was unable to read highway signs warning drivers that an accident had occurred up ahead and advising them to slow down. The truck driver did not slow down and crashed into the rear end of the decedent's pick-up truck, which was then propelled forwarded and pinned against the median wall. The decedent was trapped in the vehicle as it ignited in flames. 
In the 2004 
The 
However, a recent settlement in a 
In order to increase the safety of its highways 
Fortunately, when an accident involves a truck there is often an Engine Control Module (ECM), commonly known as a black box, to help establish what happened during the trucking accident. The data stored on the black box can be downloaded to serve as undisputed evidence of the crash events. 
The truck driver was behind the wheel of a 2005 Freightliner loaded with scrap aluminum. According to reports the truck driver was on his cell phone at the time of the incident. Apparently the truck driver was distracted by his cell phone when he ran into and over a line of ten vehicles that were backed up on eastbound Highway 40 West of Interstate 270 in St. Louis County. 
In the last five years, the US government has uncovered licensing fraud in 24 states, including Illinois. Thousands of truck drivers nationwide have received licenses under suspicious circumstances. One licensing scheme involves third-party examiners who the state hires to perform the driver testing for truckers. 
In 2005, the 
One 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. 
It had been argued that Zurich should be obligated to provide co-primary insurance coverage because it issued a trucker’s insurance policy to Rose Services. Zurich argued that coverage was barred because a reciprocal coverage provision in its policy meant that unless it provided coverage to Franklin, Zurich was not obligated to provide coverage to Key. 
Based on State Farm Mutual Automobile Insurance Co. v. Universal Underwriters Group, 182 Ill.2d 240 (1998), the First District Court reversed a ruling for 
New 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. 
A recent 
For 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. 
Any time a car is involved in a truck accident the results can be disastrous, as they were here. No matter how safe and reliable your car is, when it's up against a tractor-trailer the odds are against you. 
