Chicago Personal Injury Lawyer Blog

First Accuser of Former Priest to Identify Himself Files Suit for Damages

December 12, 2013 | By Dave Abels

In the past few years, many victims of sexual abuse have come forward with their stories and accused former Catholic priest Daniel McCormack of sexual molestation, misconduct, or other sexual crimes against them when they were young and under the supervision of McCormack. Up until now, all of these victims have chosen to remain anonymous to protect their true identity from being publicly released.

That changed yesterday when a 27-year-old Chicago man came forward and identified himself by his legal name. The man has claimed that McCormack began sexually abusing him in 1994 at Saint Ailbe parish, located on Chicago’s south side. At the time, the victim was a fourth grade student at the parish school and that the abuse continued through 1996. During that time, the victim was associated with the school basketball and football teams as well as baptism classes, all of which were coached or taught by McCormack.

The victim stated publicly that he chose to come forward publicly instead of doing so anonymously to help address a culture of secrecy that occurs with childhood sexual abuse and what the victim, who is African-American, calls a “don’t tell” policy in the African-American community.

After multiple allegations against McCormack were made and a review of his position concluded, he was eventually removed from his post with the Archdiocese of Chicago and criminally charged with sexual abuse of several minors. McCormack pleaded guilty to the charges and is currently confined in a mental health facility.

Being a victim of sexual abuse often leads to physical and psychological injuries. In many individuals, these injuries last a lifetime and can lead to high rates of depression, substance abuse, suicide, and in the case of children who are sexually abused, mistrust of authority figures. Often these damages are compounded by the fact that treatment may not be sought and the victims may never properly deal with the sexual abuse.

The law firm of Abels & Annes, P.C. does not represent the victim who came forward yesterday with his claim of abuse but does represent several other alleged victims of former priest Daniel McCormack. In 2011, Abels & Annes, P.C., working with co-counsel, settled a lawsuit against the Archdiocese of Chicago, Cardinal George, and the Catholic Bishop of Chicago involving sexual abuse of a minor by former Rev. Daniel McCormack in the amount of $3.2 million dollars, $300,000 of which was placed in escrow for services. The identify of the plaintiff and his family in that settlement remain confidential.

Sliding Car Doors Could Reduce Dooring Accidents with Chicago Bicyclists

December 11, 2013 | By Dave Abels

Every designer in the automotive industry seeks to increase safety in the next generation of vehicles to create a safer fleet of cars on the road as well as to increase safety of those not in vehicles. Some companies have started adding features like external airbags and force-absorbing hoods to decrease the impact experienced in the unfortunate situations where a pedestrian is struck by a car. Others are adding blind spot sensors to make motorists more aware when difficult to see traffic is on their side, like a motorcycle or a bicycle.

The proliferation of sliding doors, primarily on minivans, have increased safety in their own right. Though many of these doors are designed to allow children easy access into and out of a car without opening a car door into another vehicle, they serve the additional purpose of preventing anyone from opening the door into traffic, primarily when a vehicle parks along a street. Opening a car door into traffic can be a hazard for any other driver on the road but for a bicyclist, the incident can turn tragic or even fatal.

Every year, dozens of bicyclists in Chicago are hurt in incidents known as dooring accidents, which occur when a car door is opened into the path of travel of a cyclist, causing the biker to strike the car’s door. Injury lawyers who help victims of these accidents understand that the injuries caused can range from bumps and bruises to fractures or broken bones or even to death in the worst cases. Sliding doors greatly reduce the odds of a dooring incident occurring but do not completely eliminate it as an open sliding door slightly protrudes from the closed position.In the late 1980s and early 1990s, automobile engineers with several companies took door safety one step further and created a drop down, vertical storing door. The earliest use of this technology was by BMW in their Z1 models manufactured between 19989 and 1991 and sold in Europe. The Z1’s door retracts vertically into the base of the vehicle, storing itself while leaving the driver free to enter or exit the vehicle without the constraints of a hinged door partially blocking the opening. The same disappearing door concept was also used in a 1993 Lincoln Mark VIII but was modified to fit the sedan style of the car. In one simultaneous motion, the driver’s side door or the passenger door open and store in the base of the car. An additional power source ran the door’s movements in the Mark VIII concept car which has become an internet sensation over the past few years with a main Youtube video receiving over 14 million views.

Driver Charged with DUI after Hitting, Killing Bicyclist in Chicago

December 10, 2013 | By Dave Abels

In some ways, the roads of Chicago have the same hazards of roads anywhere in the nation. Drivers who act negligently or recklessly while operating a vehicle place others in harm’s way, including those in the driver’s car, in another car, or walking or riding in the street. Few things place selfish actions before safety more than a driver who operates a car while under the influence of alcohol or drugs, contrary to and in violation of local, state, and federal laws.

Though driving drunk is incredibly dangerous, thousands of motorists still do it every year in Chicago, and many of these drivers get caught by police. Some even cause accidents with others, leaving victims that are injured, or worse, killed, in their wake. When the police are able to identify an impaired driver, the driver may be criminally charged for his or her actions, but the extent of the driver’s liability likely will not end there. An accident victim or the victim’s family may be able to bring a claim for financial damages against the impaired driver which will subject the driver to financial as well as criminal liability for the damages that result from an accident. An injury attorney can help a victim bring one of these claims and recover for any injuries sustained in a crash.

Friday night, a bicycle accident occurred in Douglas Park that is believed to have been caused by a drunk driver who now faces criminal charges of aggravated driving under the influence of alcohol. Police say that the 54-year-old Riverside suspect was driving a van in the area of 2500 West Ogden Avenue when he approached a bicyclist. The cyclist, a 28-year-old man from Heart of Chicago, was riding home from his job in a local restaurant in the same area the suspect was driving. The 54-year-old man allegedly struck the bicyclist just before midnight, causing the cyclist to crash and critically injuring him. He died of his injuries following the collision.

The driver of the van was apprehended by police who noticed his eyes were bloodshot and that the man smelled of alcohol. A blood alcohol test was performed on the driver and reportedly confirmed that the suspect’s BAC was 0.118 at the time of the accident, greater than the Illinois limit of 0.08. The suspect, a long time county employee, also reportedly admitted that he was driving the van at the time of the crash and that he struck the bicyclist, asking officers if the cyclist was alright.

Heavy Snowfall Creates Hazardous Conditions in Chicago

December 9, 2013 | By Dave Abels

Chicago has been hit by an early winter snowfall and the streets are blanketed in snow. Snow is an annual part of winter life in Chicago but it can present dangerous conditions, especially early in the season when residents are less used to snowy roads.

Early reports from across the city indicate that at least a dozen weather-related car accidents occurred in the last 24 hours and can be partially blamed on weather conditions. The only injuries reported so far have been minor but officials caution that a serious weather-related crash can happen at any time and that many prove fatal.

With the snowfall to continue on and off through Wednesday morning, it will continue to be important for drivers to exercise caution as they adjust to winter driving.

Many of these collisions are not caused by poor driving conditions but rather are caused by negligent driving that is made worse by the weather. This means that drivers who are speeding, driving too fast for conditions, following too closely, or failing to stop at stop signs and red lights are more likely to be involved in a collision when the roads are snowy or icy than they would be if the roads were clear. The weather may contribute to these accidents but in most cases, the weather is not the sole cause.

To avoid a snow or ice related accident, put safety first while behind the wheel. Make sure your car is in proper working conditions and that your tires are not past their useful life. Leave yourself extra time to arrive at where you are going so you will not be rushed on the roads. Leave more distance between your vehicle and the one in front of you and be mindful that snow and ice require more stopping distance because of their slippery properties. Always clear your car’s windshields, windows, and exterior mirrors of snow and ice before you begin driving so that your view of the road is unobstructed. And, importantly, if the roads are affected by inclement weather and you do not have to leave your home, consider staying in an avoiding the risk of an accident altogether.

Driver with Suspended License, High on Heroin Crashes into Multiple Chicago Cars

December 6, 2013 | By Dave Abels

Chicago law is very clear when it comes to driving under the influence: a driver of a vehicle who is influenced by any intoxicating compound while operating the vehicle is in violation of the law and may be held liable for any damages that result. Drivers who operate under the influence of alcohol or drugs may face traffic charges, criminal charges, and even civil claims for monetary damages brought by victims of an accident. The potential punishments for drunk driving are steep and can include fines and a lengthy prison sentence.

The punishments are intentionally severe because of the serious risks associated with driving impaired. These drivers are less able to make rational decisions, take longer to react to hazards in the road, and are much more likely to cause a collision. With all of this in mind, it is clear that an impaired driver risks the safety of everyone in his or her own car as well as everyone else on the road.

Yet some drivers in Chicago continue to ignore the threats to public safety when they opt to drive a vehicle while impaired. Tests have revealed that a Wednesday morning collision involved a 51-year-old female driver who was on heroin at the time of the crash.

Local police received a call of a car crash in the early hours of Wednesday morning near the 1100 block of West Madison Street in Chicago. An eyewitness said that the suspect was driving a Mitsubishi SUV when she crashed into the witness’s parked car. The driver reportedly struck a second parked car and continued driving on West Madison as the eyewitness followed her. The SUV was speeding, left the road’s surface and drove onto a sidewalk, left the sidewalk and returned to the road where it struck a third parked call, all according to the witness who reported the incident.

Police and emergency crews responded to the scene of the collision where they found the SUV driver in her running car unconscious. She was transported to Rush University Medical Center for examination and treatment. During a search of a bag in the suspect’s car, police discovered eleven foil packages containing a substance that appeared to be heroin. Employees at the hospital reportedly found another five packages of a similar substance on the driver’s person and blood tests at the hospital showed the driver had heroin in her system. Officers also reported that the suspect admitted to using heroin that day when she was questioned by police at the hospital.

Woman Dies After Being Hit By Chicago Red Line

December 5, 2013 | By Dave Abels

The Chicago Transit Authority is the largest provider of public transportation within Chicago, through its use of street-level buses as well as elevated and underground trains. In fact, on an average weekday, the CTA provides 1.7 million rides to travelers and in 2011 alone, the CTA provided 620.5 million rides to residents, commuters, and visitors of the city.

Of the nearly two million people who use the CTA every day, the majority of them receive safe transit from their point of origin to their destination as intended. But unfortunately for some, incidents arise that leave them hurt, injured, or in the worst cases, even dead.

A fatal train accident involving a CTA red line train occurred on Wednesday around noon at the 63rd Street station on Chicago’s south side. The train was near the station when it struck a 63-year-old woman who was believed to be waiting for the train. Emergency crews responded to the scene but the woman’s injuries were too severe and she died as a result.

Local police are investigating the incident to determine whether the train crew or the victim were at fault for the collision but the final determination is expected to take some time. Red line service in the area was halted for a time but resumed later in the afternoon.

What is clear at this point is that the woman and the train should not have been at the same point at the same time and that a collision between the two should never have occurred. This incident not only cost the woman her life but also took the victim away from her family and friends, leaving many people to feel a loss as a result of the crash.

When an accident is due to the negligence of a train owner, operator, or employee, a victim involved in an incident with the train who becomes injured may be entitled to a financial recovery for his or her damages. In the event that the victim loses his or her life, the victim’s surviving family members may have a right to bring a claim for their losses.

Suspected Drunk Driver Hits Cop with Car

December 4, 2013 | By Dave Abels

Drunk drivers pose a real and serious threat to themselves and to all others on the road. This includes not only passengers in their own vehicles but also those in other cars, on motorcycles or bicycles, or even pedestrians who are near the street or crossing in a crosswalk. As alcohol is a depressant, it suppresses the central nervous system and decreases a driver’s ability to react to hazards as they appear, including people in the road.

Drunk drivers are more likely to speed and more likely to ignore traffic control devices, like traffic lights and stop signs, when compared to other drivers. This means that the odds of a drunk driver causing a collision are high and when a crash does occur, it is likely to result in injuries.

The laws in Chicago let accident victims bring a claim for their financial damages against a drunk driver that causes their injuries. In some cases, there may be more than one claim available depending on how the accident occurred and what factors contributed to the crash.

Early reports indicate that a collision occurred between a driver and a pedestrian on Sunday in Chicago and that the pedestrian was crossing the street at the intersection of 78th and Ashland. To make things worse, it appears that the driver may have been under the influence of alcohol at the time of the collision and the pedestrian she struck was a uniformed police officer.

Authorities say the female driver, a Chicago resident, failed to yield to the pedestrian, who had the right-of-way, and proceeded into the intersection where the collision occurred. The woman refused several orders from the police officer to step outside of her car. When officers approached the woman, they reported her eyes to be bloodshot and glossy and they noticed a cup from a chain restaurant that appeared to be half full. The cup was reportedly labeled as a margarita cup and police believe it contained an alcoholic beverage at the time of the crash.

The woman has been arrested and charged with driving under the influence of alcohol, contrary to and in violation of local Chicago and state laws. She is currently free on bail.

Car Hits Nursing Home on North Side Chicago

December 3, 2013 | By Dave Abels

It sounds like something that should never happen: a car leaves the street and collides into a building, causing serious damage to the structure and possibly those inside. Yet every year, Chicago experiences several of these car accidents, many of which result in injuries to those in the car or those in the building.

Injury lawyers regularly receive calls following these accidents by those who sustained injuries, wondering whether they have a valid claim for their damages and whether they can recover against a responsible person or entity. In many cases, a civil claim for damages is available and victims can recover a judgment they deserve.

One such collision occurred early this morning on the north side of Chicago when a sedan collided with the side of a nursing home in Rogers Park. Police received notice of the incident and responded shortly after 1:30 a.m. where they found the sedan partially inside the Waterford Nursing Home, abandoned by its driver. No other people were located in or around the car and it was not clear whether the owner of the car was operating the vehicle at the time of the crash.

Though still early, it appears that no residents of the nursing home were injured in the incident which left substantial damage to the front of the building. This may be due to the fact that the car is believed to have struck a common area of the home that may have been empty due to the early hour at which the collision occurred.

Whether the car had only one occupant or carried more, it is unclear whether those in the vehicle were injured but police are conducting an investigation to determine who was driving and whether charges will be filed.

In an ideal situation, collisions like the one that occurred this morning would never occur, but as long as they continue to happen, the best thing that can result is an incident with no injuries. Hopefully that will be the case following this crash.

Train Derails in New York, Killing 4

December 2, 2013 | By Dave Abels

Commuters in cities across the nation use public transportation to get to and from work everyday, mostly without incident. Cities like Chicago are hot spots for rail traffic, both freight and passenger, and many of those who head into the city every day for work use the system of commuter trains to travel safely and efficiently.

New York City has a similar rail system available for commuters but unlike those surrounding Chicago, the New York system had a serious accident on Sunday that left four people dead and more than 60 injured when a train jumped its tracks and derailed.

A Metro-North train left the tracks as it traveled around a sharp corner at approximately 7:20 a.m. as the train headed south towards Grand Central Station. The train derailed where the Hudson River meets the Harlem River with at least four train cars leaving the tracks, one coming to rest very near the river’s bank.

The cause of the incident is under investigation by local and federal authorities but nothing has been confirmed yet. Speed may have been a factor as officials have described the area of the derailment as dangerous by design and that the curve in the tracks presents a hazard to those traveling in excess of the speed limit in the area. This allegation has been supported by the word of surviving passengers, some of whom stated that the train was traveling fast or much faster than normal.

Though this incident is tragic, authorities have also stated that the results to passengers may have been much worse if the derailment occurred on a weekday when ridership is high. Instead, in the early Sunday morning hours, the number of passengers on board was relatively light and may be why there were only four fatalities in this incident.

Commuters who travel by the Metro-North train have been advised to consider alternate routes this morning as traffic is believed to be delayed.

Driver in Fatal 2012 Pedestrian Accident Charged with Reckless Homicide

November 25, 2013 | By Dave Abels

Cars are not the only things to use streets and roads to travel but rather must share that space with other vehicles, including motorcycles, bicycles, trucks, and buses. Pedestrians also are allowed to use roadways to travel but generally are restricted in their use to only intersections and in some places, only those intersections with crosswalks available. However when a pedestrian is within a marked crosswalk and has the right-of-way, it is every driver’s duty in Illinois to yield to the pedestrian and to wait until the pedestrian clears the area before proceeding forward. Following this rule should allow pedestrians and motorists to remain safe as they share the intersections.

Yet in some cases, a motorist fails to yield the right-of-way to a pedestrian and places his or her vehicle in the pedestrian’s path, causing a collision that nearly always leaves the pedestrian injured. It is in those cases that a pedestrian may wish to consider legal help from a pedestrian lawyer to learn whether there is a potential claim against the responsible driver. The facts of each case are specific and are what determine whether a claim for damages is available.

Any financial damages sought may be only part of the damage facing an at-fault driver when a pedestrian is injured or killed as the State of Illinois may bring traffic or criminal charges against a driver who causes a crash. Recently, charges for reckless homicide were filed against a 64-year-old Cicero man who hit and killed a pedestrian in September of 2012.

According to police and court records, the defendant was driving a van on West Ogden Avenue when he attempted to turn left. A 64-year-old woman was crossing the intersection and had the right-of-way when the defendant turned, causing the defendant to strike the woman with his van; the victim died of her injuries later that day.

Following the accident, the defendant remained at the scene and reported the incident to police. As the man was on a supervised license following an unrelated driving under the influence charge, tests were conducted to determine if impairment was a factor, but all tests revealed no intoxicating substance in the defendant’s system at the time of the crash. He is currently being held in lieu of $50,000 bond while he awaits trial in this matter.