Chicago Personal Injury Lawyer Blog

NFL Wide Receiver Breaks Arm in Car Accident

September 25, 2013 | By Dave Abels

Leading receiver for the Detroit Lions, Nate Burleson, was involved in a car accident early Tuesday morning that left him with a broken arm needing surgical repair, according to local police. The incident occurred in Farmington Hills, a suburb of Detroit, Michigan where Burleson has been a member of the NFL Lions since 2010. Prior to that time, Burleson gained fame playing for both the Minnesota Vikings and the Seattle Seahawks at the wide receiver position.

Police stated that Burleson spent Monday evening with some teammates watching the Monday Night Football game between the Denver Broncos and the Oakland Raiders. Burleson then began the drive home with two pizzas in his car when one of the pizzas began to slide off the other. In an attempt to prevent the pizza from falling, Burleson grabbed at the pizza box to catch it but while doing so, he lost focus on the road and drifted to the outside of his lane, striking a median on I-696 in Michigan.

Upon impact of the vehicle into the median, Burleson broke both bones in his arm, necessitating surgery that was expected to be performed early Wednesday morning. Responding officers have noted that alcohol was not a factor in the crash and neither were drugs; the entire incident appears to be caused by a sliding pizza and Burleson’s attempt to save it.

Burleson’s broken arm means that he will be sidelined for some time during the current NFL season, keeping him off the field and removing his offensive threat during games. He is in the middle of a 5 year, $25 million contract and the Lions will be anxious for his return.

This crash is an example of how easy it can be to become distracted while driving. The news media often focuses on technology as creating distractions for drivers, like cell phones and tablets, but in truth, distraction can emerge from nearly any source. Here, a driver took his attention off the road for just a moment when his gut reaction told him to reach for a sliding pizza. Doing so caused a high speed car accident that left the talented player unable to work and with a serious injury.

Professional athletes usually get paid even if injuries prevent them from playing their sport, but everyday people are not that lucky. Often, an accident leaves a victim with mounting medical bills and lost wages while a victim recovers, meaning that the expenses will far exceed the money coming in and potentially leaving a victim without the means necessary to lead a normal life.
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Plane Makes Emergency Landing On Lake Shore Drive

September 23, 2013 | By Dave Abels

Those driving on Lake Shore Drive in Chicago early Sunday morning were in for a shock when a pilot navigated and landed his small plane on the popular street after a mid-air malfunction forced the plane down.

The 51-year-old man flying the plane took off early Sunday morning from Schaumburg Regional Airport to fly over the lake front. At some point during the trip, an elevator broke free from the plane and the plane began to shake violently. The elevator is a part of the plane’s stabilizer and it enables the tail to move as necessary to keep the plane level. The pilot, a resident of Lombard, thought the entire plane may break apart and he knew that he needed to make an emergency landing. After radioing to Midway Airport, he knew that he was unable to keep the plane aloft long enough to make it to either Midway or O’Hare Airport and therefore made the decision to bring down the plane at some spot other than an airport.

As he was near the waterfront, the man decided that Lake Shore Drive presented the best option for an emergency landing. As he lowered his plane, he took note of the traffic lights on Lake Shore so that he could touch down while lights were red, thus not posing a danger to moving traffic. At shortly after 6:00 a.m., the plane landed in the northbound lanes of Lake Shore Drive in the area of Jackson Street.

After the light turned red, two cars struck one of the plane’s wings but both vehicles left the scene. There were no other collisions and it is believed that no one in either car was hurt. The pilot as well as police and emergency responders were quick to note that the incident could have ended much differently and could have turned deadly in a moment if the pilot had not been able to land safely.

The plane, a two seat RANS S-6 Coyote II, is approximately 10 years old and recently passed an annual inspection. There was no indication of a problem with the stabilizer before the flight and the pilot said it was the first time an incident like this has occurred while he was flying. The Federal Aviation Administration is investigating the incident but at this time, it appears that the emergency was caused by the mechanical failure and that the pilot will not be ticketed as a result of the flight.
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Flash Flood Responsible for Chicago Sewer Worker’s Death

September 19, 2013 | By Dave Abels

A flash flood is being blamed for the death of a sewer worker on the north side of Chicago Wednesday night, drowning the man in a surge of water, according to local police.

The 25-year-old victim was one of two workers doing repair work in a sewer in the 3000 block of North Rockwell Street last night as heavy rains hit the city. The worker reportedly detached his harness to reach a narrow area of the sewer to perform repair work when a rush of water traveled down the sewer, catching the man and moving his body more than a block north of the repair site. By the time he was found, the man had drown in the sewer.

The other worker in the area was harnessed at the time the water hit and was not swept away like the victim. This worker was able to be pulled to safety where he could alert others to the predicament of the victim and attempt a rescue. Police and firefighters responded and used a remote camera in the sewers in an attempt to locate the victim as well as searching the Chicago River in case the man traveled to the end of the sewer. After about two hours, the victim’s body was recovered.

Sewer work can be very dangerous even to the most experienced and skilled employees. Not only are these workers exposed to machinery, sewage, and animals but also the potential for a water surge, as this incident illustrates. These dangers and others are why Illinois law requires that workers in the state be provided with protection in the event of a work injury or death through insurance coverage.

In the event of a work injury, an employee is entitled to obtain necessary medical treatment and to have that treatment paid for by his or her employer. The employee may also be entitled to compensation for lost wages and for a lump sum payment for other damages, including pain and suffering. In the worst cases, though, a worker is killed on the job and may leave behind a family that is irreparably damaged from the loss. In that event, the surviving family members may be able to recover financially against the worker’s employer for the extent of their loss, though no amount of money can properly compensate these families.
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Construction Worker Killed on Chicago’s South Side

September 13, 2013 | By Dave Abels

While working at a site repaving a portion of the street, a 48-year-old construction worker was killed on Thursday after being pinned under a piece of equipment. Local authorities report that the man was at a site in Englewood in the 6200 block of South May when something went wrong, trapping the man under equipment.

At this time it is not clear exactly what type of equipment trapped the man but witnesses have confirmed that other construction workers were aware of the incident and rushed to the man’s side, attempting to remove the equipment and extract the man. Eventually the victim was freed by several crews but his injuries were severe and he was pronounced dead while still at the scene.

One coworker reported that the victim had over 20 years of experience working in road construction and that no one is clear exactly why the man became trapped. At this time, authorities report that they are continuing an investigation into the incident and into the man’s death.

Thousands of work injuries involving Illinois employees happen every month and in every work environment. From an office setting to a warehouse floor, an employee can be hurt on the job regardless of what that employee’s responsibilities are. Yet some employees are at a greater risk of serious injury and death than others and top among these categories are employees who work in construction.

There are many inherent dangers in a construction zone and they can vary between sites. Most construction sites involve some heavy machinery and some ground alteration, meaning that large equipment is often present as are large holes in the ground. Often, construction workers are injured in accidents with machinery or by falling into an improperly marked excavated area. When this happens, another employee’s negligence is often to blame.

Some workplace injuries are minor and allow an employee to return to his or her job after receiving medical treatment, but unfortunately many injuries are severe or fatal, as the injury in this case was. When a work injury prevents an employee from returning to work, any claim brought against the company by the employee may include a claim for future lost wages from that job.
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Chicago Car Accident Lawyers Receive Award 10 Times Larger Than Insurance Offer Through Arbitration

September 12, 2013 | By Dave Abels

The Chicago car accident lawyers at Abels & Annes, P.C., working with co-counsel, recently received an award on behalf of one of their clients, a young woman who was the victim of a rear-end collision. The case was heavily disputed and defended by an insurance company that only offered $3,000 in settlement of the case. A retired judge presided over a $30,000 high, $3,000 low arbitration of this matter. The judge agreed with Abels & Annes, P.C. and our client, awarding the young woman an amount greater than $30,000 for her injuries.

This case stems from a car accident on I-90 in Chicago, near the Montrose exit. Our client was in stop and go traffic and was traveling at a slow speed. The defendant was behind our client and in the same lane, also stuck in traffic, but the defendant failed to pay attention to the speed of traffic and rear-ended our client. Our client described the impact as significant while the defendant, a doctor, said the crash was minor.

Shortly after the crash, our client sought medical attention and eventually was instructed to undergo MRIs of her neck and lower back. The MRIs revealed a bulging disc which her doctor believed was caused by the collision and was causing her neck and back pain. Additionally, our client also suffered from headaches and wrist pain that negatively affected her ability to engage in activities of daily life. Our client began a program of physical therapy and chiropractic treatment to treat and manage her pain but unfortunately, she did not fully recover. Physicians recommended a course of steroid injections in our client’s neck to reduce the swelling and potentially provide some pain relief but since there was no guarantee of its effectiveness, our client chose to forego the invasive procedure and continue with conservative treatment. Her pain level eventually improved and no further treatment was necessary.

During the course of our client’s claim against the other driver, the insurance company vigorously defended the at-fault driver and never made more than a nominal offer to our client to settle. Knowing our client’s case was worth much more than what the insurance company offered, we continued to fight on her behalf and eventually obtained a fair and appropriate award that was 10 times the amount offered by the insurance company.
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Semi Truck Driver Killed in Rollover Crash

September 11, 2013 | By Dave Abels

A semi truck driver involved in a rollover accident on Monday has died as a result of his injuries, according to the Illinois State Police Department.

The victim was driving westbound on I-80 near Minooka, Illinois, southwest of Joliet, around 9:30 a.m. For unknown reasons, the truck left the westbound lanes of traffic and entered the eastbound lanes where police believe the truck came into contact with at least one car and possibly another semi. The semi truck rolled over and came to a rest on its side, blocking one lane of eastbound traffic and forcing police to shut down both lanes while emergency crews tended to the scene.

The driver of the truck survived the collision and was flown to Good Samaritan Hospital in Downers Grove where he received emergency treatment. Unfortunately the man’s injuries were severe and he died some time later while still at the hospital and as a result of the accident. Police are investigating the accident and attempting to learn why the semi truck left the westbound lanes of the highway.

Truck accidents can be caused by any number of factors and often result in injuries. When compared to a passenger car, a semi truck is much larger and heavier which means that it has more mass carrying it forward. With addition weight comes different collision factors than with a smaller car, including the facts that a semi truck needs a longer distance to stop and is less evasive than a car.

Semi trucks tend to travel more miles every year than a passenger car because semi trucks are used for commercial purposes. This means that of the miles driven on Illinois roads, semi trucks account for a large portion of the transit but they also account for a small portion of crashes. This means that though semis are a common occurrence on roads, they are less likely to be involved in an accident than a car. However, when a semi is involved in an accident, the crash is much more likely to result in injuries or death than a crash without a truck.

When a semi truck accident turns fatal in Illinois, approximately 84 percent of those killed are passengers in other cars, not those in the semi, according to 2011 data gathered by the Illinois Department of Transportation. This high risk of death to others is one of the reasons that semi truck drivers must be specially licensed to drive a rig and usually must undergo additional training before driving commercially.
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Police Say Driver was Impaired When He Caused Fatal Eisenhower Crash

September 9, 2013 | By Dave Abels

A crash on the Eisenhower Expressway Sunday morning left two young women dead and two others injured, causing an investigation that has led police to believe that the at-fault driver was under the influence of drugs and/or alcohol at the time of the impact.

According to officials, a 20-year-old Chicago man entered the exit ramp off the Eisenhower at Harlem, intending to enter the highway but driving the wrong way on the one way exit. The man, in a minivan, approached another passenger vehicle that was attempting to exit. The driver of the other vehicle, a 20-year-old female, tried to swerve when she saw the minivan approaching but she was unable to avoid a crash. The two cars collided and killed the female driver and her 19-year-old female passenger instantly. A third young woman in the passenger car survived the crash and is expected to recover from undisclosed injuries.

The minivan driver was injured in the accident and was transported to an area hospital for treatment. He remains under police guard at this time and has been charged with aggravated driving under the influence of alcohol and/or drugs in connection with the crash, a charge that carries a possible prison sentence if the man is convicted.

Illinois law makes it very clear that any driver with a blood alcohol content of 0.08 or higher will be considered to be under the influence of that alcohol and in violation of laws against drunk driving. Drivers are also prohibited from driving under the influence of any other type of intoxicating compound, and this is most commonly seen in the context of those who take illegal or prescription drugs and then get behind the wheel. It can be difficult to determine if a driver is under the influence of a drug in their system but Illinois law takes a very strict approach where any amount of a recognized intoxicating drug in a driver’s system can lead to a charge of driving under the influence.

The laws regarding driving under the influence are strict because the crime is particularly dangerous to those on the roads. A drunk driver is more likely to lose focus on the road, get distracted, fail to obey the rules of the road, and importantly, cause a collision than another driver, creating a threat to himself and those in other vehicles. A driver who chooses to operate a motor vehicle under the influence of alcohol or drugs may face criminal penalties but may also be named a defendant in a civil case. This means that in addition to a potential criminal sentence including incarceration, fines, community service, and loss of a driver’s license, an impaired driver may be held financially liable for any damage caused, including personal injuries sustained by a victim of an accident.
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Young Child Hit by Bat at Wrigley Field

September 5, 2013 | By Dave Abels

If you ask many around Chicago, one of the best things about the summertime is the start of professional baseball. Whether you root for the north or for the south, there is nothing like a day at the ballpark with family and friends.

The Cubs hosted the Miami Marlins yesterday at Wrigley Field as part of a series between the two clubs. In the top of the 6th inning, Marlins player Giancarlo Stanton stepped to the plate and swung big at a pitch. Stanton lost his grip on his bat, which flew towards the stands along the third base line. Sitting in those stands was a young boy, approximately three years old, and his family. The bat struck the young boy in the chin and struck the boy’s father in the arm leading to concern about the boy and the extent of his injuries.

After receiving first aid from the medical crew at the stadium, it was clear that the boy suffered only minor injuries and he was able to return to his seat and watch the rest of the game. Some believe that the father’s arm significantly reduced the impact experienced by the boy and saved him from more serious injury.

The nature of baseball means that home runs and foul balls often make their way into the stands, sometimes at a high rate of speed. For the majority of fans, this adds to the fun and excitement of the game and it allows those watching to grab a souvenir ball. Much less common are bats that make their way to the stands. In recent years, bats have been breaking and fracturing at a much higher rate, increasing the odds that pieces of a bat or splinters of wood will threaten fans, but whole, intact bats are lost less often.

Some areas of baseball parks are more likely to lead to errant balls and bats coming into the stands. Notably, the area behind home plate is now protected in all major league stadiums to reduce the number of fouled balls and errant throws to that area of fans, significantly decreasing the number of injuries. Yet injuries still occur in this are and in others as yesterday’s incident illustrates. Some of these incidents are mere accidents and are just part of the game while others may be the result of negligence on the part of the ballpark or the players. It depends on how an accident occurred and the facts surrounding the injury.
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Family of Chicago Tour Bus Accident Victim Settles for $6.75 Million

August 30, 2013 | By Dave Abels

The family of a 26-year-old woman who was killed in a 2011 tour bus accident has reportedly settled their claim for $6.75 million.

The incident occurred at the intersection of Columbus Drive and Illinois Street in Chicago in early May as the victim walked home from work. A tour bus driver claimed he did not see the woman and turned right, entering the crosswalk where the victim was walking.

The incident was captured on security film which showed that the victim was within a designated pedestrian crosswalk and with a green light in her favor when the accident occurred. The footage also showed that the driver of the bus turned right against a red light and collided with the woman, running her over.

After the collision, emergency personnel responded to the scene but the victim died of her injuries. The driver of the bus was forced to undergo a toxicity screen of his blood which revealed the presence of cocaine in his system at the time he was driving that day. Under Illinois law, anyone with cocaine in their system, regardless of the amount present, can be presumed to be under the influence of that drug and therefore may be considered to have been driving under the influence, a serious crime that may result in incarceration.

Not only did the driver have cocaine in his system but a review of his personal and criminal history revealed that the man had about 20 traffic violations over the prior 23 years and that he was a wanted man in two child sexual abuse cases. Despite this history of numerous driving violations and the fact that the man was wanted by police, the tour bus company employed the driver, who had been working for that entity for about six months before this collision occurred.

The driver of the bus is currently in jail awaiting trial for reckless homicide as a result of this incident. He is also awaiting trial on the separate child abuse charges which were not related to this crash.

If the facts alleged against the driver and the tour bus company are proven to be true, this was not merely an accident but rather a crash that resulted from reckless conduct on the part of multiple people. Many commercial drivers are held to a higher standard of care and must comply with stricter rules while operating a vehicle because they are required to put the safety of the public first.
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Pedestrian Deaths on the Rise Nationally

August 28, 2013 | By Dave Abels

Traffic deaths have been mostly decreasing in recent years. Much of this decrease has been attributed to safer vehicles and safer passenger designs, increasing the odds that accident victims will survive in the event of a crash. Yet at least one group of potential victims has not seen such a decrease; instead, the number of pedestrians killed each year by cars has been steadily increasing since 2009. With an increase in pedestrian fatalities and a decrease in other motor vehicle deaths, pedestrians are now comprising a greater proportion of accident-related deaths than they did just four years ago.

This translates to the death of a pedestrian every two hours as the result of a motor vehicle crash. In addition to those walkers who are killed, a pedestrian is injured every eight minutes in an accident nationally, leading to millions of dollars incurred in medical expenses across the nation.

In fact, the National Highway Traffic Safety Administration reports that one in five children age 10-15 who are killed in auto accidents are not even in a car during a crash – they are pedestrians. Though the other four out of five survive, almost all of those children are injured and must receive medical treatment.

In an effort to raise awareness and decrease fatalities, the United States Department of Transportation reportedly is allocating some funds to 22 cities with high incidents of pedestrian fatalities so that new safety techniques can be implemented. The amount to be split by these cities is $2 million, meaning that each city will receive just under $91,000, on average. It is unclear whether this amount of money will lead to significant changes but officials are hopeful that increased funding will lead to decreased crashes. There will also be a new public service announcement scheme that will target certain areas to raise awareness of the dangers faced by pedestrians.

Pedestrians or drivers can be at fault for a collision between the two. In some cases, a pedestrian may dart out into oncoming traffic, eliminating a driver’s ability to stop in time to avoid a crash. Yet in other cases, a driver fails to look for or see a pedestrian and causes a collision. Often, pedestrians who are in a crosswalk and who have the right of way become the victims of accidents because drivers are speeding, distracted, or otherwise driving dangerously. Without any protection surrounding a pedestrian, injuries almost always result.
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