Auto Accident

Auto accident lawyer representing Chicago woman on uninsured claim

March 19, 2012 | By Dave Abels

Illinois injury lawyers at Abels & Annes are hard at work on a car crash claim for a local resident. The case arises out of a collision which took place on August 23, 2011 at approximately 9:07 a.m. The plaintiff was injured when the automobile she was riding in was involved in a collision with an uninsured motor vehicle.

Our client was driving her 2008 Scion westbound on Ferdinand, approaching its intersection with Pulaski in Chicago, Illinois. At that time a driver in a 1997 Buick LeSabre was being pursued by police officers at a high rate of speed. The uninsured driver was traveling northbound on Pulaski and turned abruptly eastbound on Ferdinand. The Buick crossed the center line and hit the client head-on at a very high speed.

Our client was thrown backward and forward in her seat and hit her face on the airbag. The entire incident was witnessed by a Chicago Police Officer who was responding to the high-speed chase. The responding officer determined the uninsured driver caused the collision by operating her vehicle in an erratic, reckless, careless, negligent or aggressive condition.

The uninsured driver failed to keep a proper lookout, failed to stop and/or reduce her speed to avoid a collision, traveled eastbound in a lane marked only for westbound traffic, drove in an erratic and reckless manner, and failed to exercise due care for the safety of those in the area, including the plaintiff.

This accident is just another example of why it is so important to carry auto insurance with uninsured motorist coverage. There is an ongoing and alarming trend of motorists in Illinois driving without insurance. We see more and more of these accidents at our office.

Following the collision, the client had an immediate onset of pain. She was transported from the scene of the collision by ambulance to West Suburban Hospital in Oak Park, Illinois. Upon arrival at the Emergency Department, a history was taken, she was examined, and diagnostic tests were performed. She complained of a severe headache and pain to her right wrist. On exam, she had a burn to her right forearm and a head injury. She underwent a head CT scan which revealed no acute intracranial abnormalities. She was prescribed pain medication and instructed to seek follow up treatment from a doctor.

Due to ongoing and increasing pain, the plaintiff sought follow up treatment with a medical doctor on September 1, 2011. At that time, she complained of constant, sharp pain along her neck as well as sharp lumbar pain that radiated to both of her legs. She has lupus and had some difficulty walking before the collision but the pain in her lower back made walking significantly more difficult, and at times, impossible without the assistance of a cane or walker. A history was taken and she was examined. She had pain in her paracervical muscles in her neck as well as lower back and muscle spasms. The physician diagnosed her with a sprain and strain of the cervical and lumbar spines. He ordered x-rays of her cervical and lumbar spines and instructed her to begin a course of physical therapy.
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Chicago auto accident attorney takes on uninsured motorist claim

March 12, 2012 | By Dave Abels

Illinois car crash lawyers at Abels & Annes are currently representing a Dolton, Illinois resident who was injured in an accident.

This claim arises out of an automobile collision which took place at or near the intersection of Lincoln and Dorchester in Dolton on August 11, 2011, at approximately 3:51 p.m. The plaintiff was riding as a passenger in a 2005 Toyota Sequoia being driven by an acquaintance. He was injured when the automobile he was a passenger in was side-swiped by a vehicle driven by an uninsured motorist.

The Toyota was moving northwest on Lincoln near its intersection with Dorchester. The vehicle stopped in the left-most lane, signaling a left turn into US Bank. At this location, left turns are permitted and there is no separate left turn lane for turning into the bank.

At that same time, another vehicle, in 1999 Ford Explorer, was traveling northwest on Lincoln near its intersection with Dorchester. That vehicle disregarded the turning vehicle and passed the vehicle on the left. The other driver drove northwest in a lane designated for southeast traffic only. As the Ford Explorer passed by driving on the wrong side of the road, the other driver struck the driver’s side of the Toyota with the passenger side of her car.

The force of the collision threw our client back and forth inside the car. His right shoulder struck the passenger door and his left wrist struck the center console.

The other driver failed to keep a proper lookout, improperly used lanes of traffic, improperly passed on the left, failed to yield the right of way, failed to stop and/or reduce the speed of her vehicle to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area, including the plaintiff.

The accident was investigated by the Dolton Police Department. After interviewing the parties involved, they determined that the Ford driver was at fault.

Unfortunately, the driver of the Ford Explorer was operating a vehicle without valid auto insurance. Due to this fact, our office is pursuing an uninsured motorist claim against the Toyota owner’s insurance policy. Click here to read more about Illinois uninsured motorist claims.

Following the collision, the plaintiff had an immediate onset of back, shoulder and wrist pain.

Shortly after the collision, the client sought medical treatment at a doctor’s office. There, he complained of right shoulder pain and lower back pain. A history was taken and a physical examination was performed. On exam, he had pain on palpation of his lower back, pain in his right shoulder and decreased range of motion in his shoulder. He was diagnosed with a low back sprain and a right shoulder injury. He was prescribed muscle relaxants, instructed to take pain medication and told to follow up for additional treatment.

Due to ongoing and increasing pain, he returned to the physician on August 23, 2011. At that time he continued to complain of pain in his right shoulder and lower back. He was instructed to continue his medication and to return for follow up care.
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New Dummy Reducing Risks of Injuries in Car Accidents in Chicago and Elsewhere

March 5, 2012 | By Dave Abels

Chicago child injury attorneys at Abels & Annes often handle cases where kids have been hurt in traffic collisions.

A new crash test dummy is hitting the market and it’s being used to help keep your child safe in the event of a car accident in Chicago and elsewhere. According to the National Highway Traffic Safety Administration (NHTSA), the new dummy is being used to test all of the new booster seats and car seats for kids who weigh more than 65 pounds. The new kid dummy represents a 10-year-old child and it is the newest edition to the NHTSA’s family of crash test dummies. It’s the best and most accurate tool available for testing child seats and for assessing the risk of injury among children who use higher-weight child car seat systems.”It’s good news that manufacturers are making more car seats and boosters than ever before,” said the U.S. Department of Transportation’s Secretary, Ray LaHood.

Child car seats are always changing to meet consumers’ needs. It’s more important now more than ever to make sure that safety regulators have the most advanced tools to help them to evaluate just how well these seats are going to work in the event of an accident. The new child dummy really is breakthrough technology for the DOT’s crash test program. Officials see this new addition as a giant step forward in helping them to better evaluate the performance of child car seats.

The new dummy was created to help make sure that child seats are meeting the newly updated child car seat requirements. It will also be able to provide brand new information regarding the specific risks for injury using knee and head excursions and even chest acceleration.

According to the final rule that was recently issued by the NHTSA, the new federal car seat standards will include booster seats and kid car seats for children who are more than 65 pounds and less than 80 pounds. The new standard will also be used to test how well these new kid car seats will deal with collision energy and whether or not the seat’s structure will stay intact when the dummy is used.

Car seat manufacturers will be allowed 24 months to certify their higher-weight car and booster seat to meet the new requirements.

Even though the new dummy is a huge step in the journey to better child protection in the event of an accident, David Strickland of the NHTSA says that the Administration is already trying to take the next step it can take to better protect these young passengers.

Remember that none of these tests and none of these newly designed seats will help you to protect your child in the event of an accident if they’re not used correctly. Buckle up your little passenger during every car ride!
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Expressway Six-Car Accident in Chicago Kills 2, Injures 3

March 2, 2012 | By Dave Abels

A recent six-car accident in Chicago killed two people and injured three others, according to WLS 890AM. The accident happened on Dan Ryan Expressway near West 47th Street at about 11:15 a.m. Illinois State Police report that alcohol may have been a contributing factor in this accident.Involved in the accident were two cars, a tour bus with nine passengers, two semis and a minivan, according to ISP Master Sgt. Joseph Stangl. Accident reports state that the chain-reaction accident started when the tour bus hit a semi, which then jack-knifed, straightened out and drove away. To avoid a collision with the tour bus, a passenger car swerved out of the way but was then hit by another semi. That car swerved the other way and then slammed into a concrete median. Lastly, a minivan slid sideways into the second semi. Names have not been released because charges are still pending.

Our Chicago car accident attorneys understand that a 62- and a 57-year-old were killed in this accident. Also injured in the accident were two 57-year-olds and a 21-year-old. The accident was so severe that officials had to close down the southbound lanes for roughly five hours. Unfortunately, many accidents that occur on our state’s expressway produce catastrophic results like this one, because of the speed of traveling vehicles.

This is a perfect example as to why driving on interstates, highways and on expressways can be so dangerous. One wrong move from a driver can cause a chain reaction of accidents. Drivers and road hazards can set off these types of accidents. The National Highway Traffic Safety Administration (NHTSA) reports that thousands are killed in highway accidents in the U.S. every year. Because traffic is traveling at such high speeds on these roadways, accidents can be severe. Luckily, there are a few safety tips that we can all practice to help increase roadway safety on these busy streets.

Safe Driving Tips:

-Always maintain a safe following distance. You never want to tailgate or follow too closely. This only reduces your reaction time and increases your risks for an accident. Experts suggest the 3 second rule.

-Always keep an eye on what’s going on in front of you. Knowing what you’re approaching can help you to react better and more quickly.

-Always follow the posted speed limit. When you exceed the speed limit, you’re decreasing your reaction time. Speeding also increases your stopping time and distance.

-Know what’s going on in your blind spots. Whenever you’re changing lanes, make sure you physically look to see what is in your blind spots. Mirrors overlook these areas. Just turn your head back for a second and check.

-Always use your blinkers. Let other drivers know your intended maneuvers. Predictability is critical in reducing risks for an accident.
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Rash of Chicago car accidents caused by wrong way drivers

February 14, 2012 | By Dave Abels

In the past month there has been a series of six wrong way auto collisions in the Chicago area, ABC news is reporting. The most recent Illinois auto accident occurred on the Eisenhower Expressway.

An accident victim who survived was interviewed by ABC and said that as he was driving to work on Saturday morning inbound on Interstate 290 in the area of Austin he was faced with the situation of a van headed the wrong way towards him traveling at a high rate of speed. “I just said oh my God and I just turned my car”, the motorist reported.

Three people were hurt on Lakeshore Drive near Roosevelt on February 9th after a Chicago resident operated an $80,000 Nissan sports car going the wrong direction. NBC news reported that the vehicle was traveling northbound and southbound lanes when it struck a white Toyota around 2 AM, and then careened into a van.

The woman driving the Nissan and her passenger, along with the Toyota driver, were taken by ambulance to Northwestern Hospital. Rescue personnel had to cut the roof off of the Nissan to extricate the passenger.

The sports car involved was a Nissan GT-R, which some consider a dangerous street legal race car. The vehicle has a V-6 530 hp engine that tops out at 193 m.p.h and goes from 0-60 in 3.8 seconds. The Nissan was actually just on display at the Chicago auto show.

Prior to the Lakeshore Drive accident, as we previously reported on our Chicago car accident lawyers blog, four men were killed on Interstate 80 when the driver of that vehicle headed the wrong way down the highway.

IDOT states that drivers heading the wrong direction has become a common occurrence, taking place 30 to 40 times a year on average in Illinois alone. IDOT is starting to take a look at how to reduce these accidents, considering they often cause severe or fatal injuries. Most of these crashes involve alcohol and most occur at night in urban areas.

The State currently has Wrong Way and Do Not Enter signs posted at ramps exiting and entering highways. The question now becomes whether more can be done to prevent these accidents.
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Unsafe Drivers Increasing Risks for Car Accidents in Chicago and Elsewhere

January 21, 2012 | By Dave Abels

Our Chicago car accident lawyers recently discussed a few New Year’s resolutions that drivers can make to help reduce their risks of traffic accidents in 2012. We’re not the only ones who are pushing for these safe driving habits.

The AAA Foundation for Traffic Safety is also on board with urging drivers to be more cautious and alert behind the wheel as we head into the New Year to make roadways safer for everyone.According to AAA, drivers throughout the country want safer roadways and support government efforts to reach this goal. Still, despite more and more traffic laws, drivers continue to engage in knowingly dangerous habits behind the wheel.

Our Chicago car accident attorneys understand that there were an estimated 32,890 people killed in traffic accidents in 2010. Although this is the lowest recorded number in the last 60 years, we are far from “safe” on the roadways. We are asking drivers to take the start off the New Year as a time to start practicing some safe driving habits. AAA is here to offer some simple tips on how to do just that.

“Even one death on our roads is unacceptable,” says AAA Foundation for Traffic Safety President and CEO Peter Kissinger. “On average there is still one needless death every 16 minutes in motor vehicle crashes.”

Drivers Admitting to Bad Behavior:

-About a quarter of all drivers admit to driving without wearing a seat belt.

-Almost 15 percent of all drivers admit to drinking and driving at least once in the last year. More than 20 percent admitted to doing so in at least once in the last month.

-About a third of all drivers say that they read and write text messages while driving.

-Another 30 percent of drivers admit to gabbing on the phone while driving.

-More than half of all drivers said that they drove at least 15 mph over the speed limit on a freeway in the last 30 days.

-About 30 percent of all drivers said that they drove at least 15 mph over the speed limit in a residential area in the last 30 days.

-Nearly 40 percent of drivers admit to running a red light at least once in the last month.

-A majority of drivers find drowsy driving to be irresponsible, but about a third of all drivers admits to doing it themselves.

While drivers may support tougher driving laws, it’s clear that not many are willing to comply. AAA and our Chicago car accident lawyers are asking all drivers to make the change and to make safe driving habits a top priority in 2012. Use these simple safety steps to increase your safety behind the wheel in the New Year.
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Finding Ways to Help our Elderly Drivers Reduce Risks for Car Accidents in Chicago, Nation

January 19, 2012 | By Dave Abels

According to researchers at the University of Colorado Denver, a majority of elderly drivers who were surveyed said that they supported the mandatory retesting of elderly drivers. These surveyed drivers also said that they would happily hand over their car keys if their doctor or someone they loved said that they were unable to safely navigate a motor vehicle. Knowing when to turn in your keys can help to reduce your risks of a car accident in Chicago.

“We are now exploring the idea of an advance directive for driving where someone would be designated to take away your keys at some point,” said Emmy Betz, from the University of Colorado School of Medicine.Our Chicago car accident attorneys understand that it can be a tough subject to bring up, taking to your parents and grandparents about their deteriorating ability to drive. It’s important to keep the safety of your loved ones as a top priority, even if that priority means having to discuss these risks with a loved one. Your intervention can help to save a life. It’s recommended that you approach this sort of topic with concern and compassion instead of with a forceful, lecturing tone.

In the study from the University of Colorado Denver, 122 senior citizens were surveyed and results showed that more than 70 percent said that they supported mandatory retesting depending on age. Another 70 percent said that family members should be in charge of determining when a license should be revoked, while more than 50 percent said that it should be a doctor’s job. Less than 20 percent of those surveyed said that it should be the DMV on and roughly 25 percent reported that they felt it was the police’s job.

About 90 percent of elderly drivers who were surveyed said that they may stop driving if a doctor advised them to, while about 75 percent said they would if their family asked them to. Only about 12 percent of these elderly drivers reported to have been involved in a car accident over the last year and nearly 90 percent of these drivers said that they had at least one medical condition that most likely increases their risk of accidents. The surveyed drivers reported an average of seven medications each.

According to Betz, the University is trying to develop a screening process to help to identify drivers who are at alarmingly high risks for accidents. She also says that drivers who are over the age of 75 have higher rates for accidents per miles driven.

Residents are asked to take a close look at the elderly drivers in their family to see if they might be at serious risks for an accident. If so, they’re urged to talk with these family members. A responsible resident knows when it’s time to turn in their keys not only to safe their life, but to save the life of other innocent motorists.
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Officials Address Distractions to Help Reduce Risks of Car Accidents in Chicago and Elsewhere

January 11, 2012 | By Dave Abels

According to Cyber Drive Illinois, school bus drivers and drivers under the age of 18 are prohibited from using a cell phone at the wheel in the State of Illinois. But all drivers in the City of Chicago are banned from using a hand held cell phone at the wheel though. All drivers in the state are prohibited from using text messaging at the wheel as well. These laws were enacted to help reduce the risks of distraction-related car accidents in Chicago. The regulation of distractions is important as we are well into the busy holiday travel season, when accidents are much more common.Our Illinois car accident attorneys understand that the Governors Highway Safety Association is also taking part in making our roadways safe. The association recently released a number of driving tips to help motorists get through the busy holiday travel season safely. In 2010, there were nearly 3,100 people who were killed in traffic accidents that involved a distracted driver. These types of car accidents are completely preventable. As our roadways get more and more crowded with vacationers, drivers are asked to curb all distractions and to place all of their attention on the roadways.

Tips for Managing Driver Distractions, from the Governors Highway Safety Association:

-Turn all electronic devices off. Either turn off your phone or put it on silent before starting the car.

-Alert callers. Set up a voice mail message that tells callers you’re driving and you’ll call them back as soon as you’ve stopped.

-If you have to make or answer a call, do so after you’ve pulled over into a safe area. Never use a phone behind the wheel. You’re putting yourself at serious risks for an accident if you do.

-Passengers can help. Have a passenger answer or make a call if it’s urgent.

-Stop the texts. Never text while driving. It’s dangerous and it’s against the law.

-Prepare yourself. Review maps and directions before setting out to avoid having to deal with GPS devices and paper road maps while driving. Ask a passenger to help you with directions while you keep your attention on the road.

-Pets get a seat belt. Our furry animals can serve as distractions, too. Make sure they’re properly secured before driving off.

-If you need to address a situation with a child passenger, pull over and then do so. Never do it while driving. That’s putting both of our lives in danger.

-Focus on the roadway. Driving is no time to eat, smoke, drink, read, etc.

The Truth about Distractions:

-Distractions significantly hinder a driver’s performance.

-Drivers drive while distracted nearly half of their time spent behind the wheel.

-Distractions contribute to about a quarter of all traffic collisions.

-Texting is likely more dangerous than taking on a cell phone.

-Recent studies conclude that hands-free devices are no safer than hand-held devices.

The use of a cell phone while driving increases your chance of getting into a crash by 400 percent, according to the Illinois State Police.
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New Year’s Resolution: Slowing Down to Reduce Risks of Chicago Car Accidents

January 7, 2012 | By Dave Abels

Welcome to the fourth entry of our 6-part blog series encouraging motorists to make safe driving New Year’s resolutions, as we all work to reduce the risks of car accidents in Chicago. We’ve already discussed the dangers of distracted driving and of drunk driving. This blog will be discussing the dangers of speeding.Our Chicago car accident attorneys understand that roughly 98 percent of traffic violations were issued to drivers because of speeding. The Daily Herald examined traffic citations that were issued in Villa Park, Addison, Wheaton, Algonquin, Schaumburg, Arlington Heights, Rosemont, Barlett, Palatine, Bensenville, Naperville, Carol Stream, Mundelein, Elgin, Lombard, Geneva, Lake Zurich, Glen Ellyn, Lake in the Hills, Glendale Heights, Itasca and Grayslake. Of the 41,700 citations that were issued to drivers, more than 40,800 of the citations were issued to drivers for speeding.

“Writing a speeding citation is pretty easy. All you have to do is point the radar or laser device at a vehicle and you’ve got the speed,” said Roy Lucke of Northwestern University’s Center for Public Safety.

As easy as it is for officers to bust speeders, it’s just as easy for speedy drivers to get into accidents. The faster a vehicle is traveling, the less time a driver has to react to a danger on the roadway.

According to the National Highway Traffic Safety Administration (NHTSA), there were more than 910 people who died because of car accidents in Illinois that involved a speeding vehicle. Speeding-related accidents accounted for more than 30 percent of the fatal car accidents in 2009. These incidents took the lives of more than 10,590 people nationwide.

Although young men are most likely to speed behind the wheel, all drivers are asked to be cautious and to obey our roadways’ speed limits. In 2009, nearly 40 percent of male drivers in the 15- to 20-years-old age group who were involved in deadly accidents were speeding at the time of the collisions. In the 23- to 24-years-old age group, more than 35 percent of male drivers who got into a fatal accident were speeding upon impact.

As we recently reported, the Illinois State senate approved a measure to allow the City of Chicago to start using intersection cameras to bust speedy drivers in “safety zones.”

“This is clearly a request of the city, a request of the mayor, something that will result in the savings of lives, nothing more important than that,” said Senate President John Cullerton.

According to the Chicago Tribune, Transportation Commissioner Gabe Klein says that speeding cameras in these areas are focused on helping to protect pedestrians. The truth of the matter is that slowing down drivers can help to save lives on our roadways, including pedestrians, bicyclists, motorcyclists and motorists.

Even when cameras aren’t peering down on license plated and speedometers, drivers are asked to remain cautious while driving. Speed limits are there to make our roadways safer. Speeding is a quick way to increase your risks of an accident. Make your New Year’s resolution to abide by all posted speed limits and you can even save some lives along the way.
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New Year’s Resolutions: Reducing Risks of Alcohol-Related Car Accidents in Chicago

January 5, 2012 | By Dave Abels

This is the third entry of a 6-part blog where our Chicago car accident attorneys are discussing New Year’s resolutions that you can use to help make our roadways safer for everyone. Usually, residents will make resolutions to quit smoking or to lose weight. But how about making a New Year’s resolution that everyone can benefit from this year, pledging to practice safer and sober driving habits.In this blog, we will be discussing the dangers of drunk driving and asking you to make the pledge to stay sober behind the wheel to help reduce the risks of a fatal alcohol-related car accident in Chicago in 2012. Take the recent accident that made national headlines, for example, in which a drunk Chicago driver allegedly swerved off of the roadway, ran into some trees and slammed into the Chicago’s Gresham District police station. Reports indicate that the driver sped away from the police station after the crash, but officers were able to catch up with the man just a few blocks away.

The man is being charged with driving under the influence and leaving the scene of an accident, according to the New York Daily News.

The Chicago Tribune reports that the number of drunk driving arrests in the state has decreased in the last year. Although a reduction, the dangerous truth is that there are still far too many people dying on our roadways because of the carelessness of intoxicated drivers.

According to the most recent statistics, the number of drunk driving busts have decreased by more than 15 percent from 2007 to 2010. The number of alcohol-related accidents has decreased by nearly 35 percent during this same time.

Some people point to the increase in DUI enforcement efforts and stricter laws as the cause of this decrease while others believe that it’s a direct result of the downturn of the economy.

Stricter DUI laws have in fact decreased the number of drunk driving busts. The first wave of decreases came with the new DUI laws of the 1980s and the 1990s. In 1997, our state reduced its legal blood-alcohol content limit to 0.08 from 0.10. From 1996 to 1999, the number of arrests went from just under 45,000 to about 50,000. The number of arrests remained stagnant at 50,000 for a number of years until a notable decrease in 2008, which was around the start of the economic downtown. As the economy recovers, experts believe that the number of DUI arrests and accidents will increase.

We’re asking all motorists in the state to make their New Year’s resolution to stay sober behind the wheel. We’re not saying you have to stay sober, we’re just saying you should as you drive. Be sure to always designate a sober driver if you know you’ll be going out and drinking. Have a safe and Happy 2012 and be responsible behind the wheel. Your good decisions can help to save lives.
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