Chicago Personal Injury Lawyer Blog

Chicago Speed Cameras Go Live Today with Warnings

August 26, 2013 | By Dave Abels

Chicago drivers may be in for a surprise in coming weeks when they check their mail. That is because the City of Chicago has established speed cameras in some areas that will be used to issue speeding citations in the near future. Monday marks the first day that one of the speed cameras will switch from a “testing” phase to a “warning” phase where warning citations will be utilized for speeders.

The cameras moving to the warning phase are located near the intersection of Foster and Pulaski. The warning citations will be issued for thirty days before turning into legal tickets. Drivers are notified of the camera’s presence by signs in the area but some area residents are complaining that the signs are too small to adequately notify others.

Chicago officials have touted the addition of several speed cameras throughout the city as a means to decrease driver speed and increase safety. With speeding one of the leading factors of Illinois car crashes, the city may see fewer accidents if these cameras work as intended. The cameras trigger when a driver of a car, truck, or van is traveling above the posted speed limit and each camera takes photos of the vehicle, including the license plate, so that a citation can be issued and sent to the offender’s address. While estimates suggest that millions of dollars in fines may be raised, city officials continue to stress that road safety concerns lead to the implementation and use of the cameras.

Residents seem to have mixed feelings about the addition of the cameras in their neighborhoods. Some believe that the cameras will lead to lower speeds, increasing safety to all in the area, including other drivers, pedestrians, and bicyclists. Yet other residents have expressed concerns about the constitutionality of the speed cameras after several other states have deemed such cameras as violating the constitution.

Regardless of your personal feelings on the cameras, officials say that the cameras are here to stay so Chicago drivers should be aware of them. If you do not want to receive a speeding ticket, your best bet is to obey all posted speed limits and to heed all traffic laws.
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Chicago Red Line Train Derails on South Side

August 23, 2013 | By Dave Abels

CTA train riders may have found their transit times delayed early yesterday morning along the red line tracks due to an earlier train derailment. Police have reported that a CTA train entered the station at 63rd Street and Ashland Avenue experienced what the CTA calls a “minor derailment,” leaving the train unable to continue on its route and significantly delaying trains behind it.

The incident occurred just before 1:00 a.m. on Thursday and forced the CTA to shut down power to a section of the red line tracks. Those on the derailed train were removed from their cars by officials and at this time, it does not appear that any serious injuries occurred. Passengers on two subsequent trains were stranded behind the derailed cars and had to be removed as well, some by walking along the tracks to a station and others through the use of a fire department ladder.

Service to the affected area of the tracks remained out for nearly five hours, causing some commuters to utilize buses provided by the CTA while others found a different way to travel.

It is fortunate that no one, passenger or CTA employee, was seriously injured in this crash. Often, though, when a public transit train derails, many people sustain injuries, some seriously. Passengers inside a public train do not have access to many of the safety features found in other forms of transportation, like seat belts, air bags, or padded surfaces. This means that when a train derails, a passenger can be thrown about inside the train with ease, possibly striking other passengers or hard surfaces within a train car.

Employees are also likely to be injured in a train derailment accident. A train derailment can result from many different causes but when the train begins to come off of the tracks towards the front of the train, the front car containing an operator may also derail, increasing the chances of injuries.
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Crash Involving Semi Trucks Leaves 7 Dead

August 19, 2013 | By Dave Abels

Authorities believe that a semi truck driver may be at fault for starting a deadly crash on Thursday night. Officials believe that an SUV was stopped in a construction zone on I-65 near Roselawn, Indiana and was waiting for traffic to move. A second semi truck approached the SUV from behind but may not have stopped in time, striking the rear of the SUV.

The SUV was pushed forward and into the back of the semi truck in front of it, trapping the SUV and its occupants between the two large commercial trucks. The SUV caught fire and was nearly destroyed, forcing authorities to remove the vehicle from between the trucks to determine how many occupants were injured or killed. So far, police have determined that seven people were killed in the crash, including four children.

The victims include a three-year-old child, two five-year-old children, a seven-year-old child, and adults aged 27, 35, and 49. An adult and two children killed were residents of Atlanta, Georgia while the remaining victims are believed to have been residents of Merrillville, Indiana. The crash shut down I-65 for several hours as authorities worked to clear the wreckage and tend to the survivors. Both truck drivers reported minor injuries in the accident but were expected to survive.

Though authorities are still investigating, the early reports of this crash make it appear that the victims who lost their lives did nothing wrong, making the tragic nature of this crash even worse. Though it is easy to speed or to take your attention from the road, accidents like this continue to prove that losing your focus on driving even for a moment may result in a crash.

Any accident can result in serious injury or death but accidents with a semi truck are more likely to turn tragic. Semis have an average weight several times greater than a passenger vehicle, making them much harder to stop in a short distance. Additionally, semis sit higher off the road than a typical car, meaning that in the event of an accident, it is possible for a car to be pushed underneath a semi, causing more extensive damage to the vehicle and putting its passengers at greater risk for harm.
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Fatal Crash Involving Rollerblader in Chicago Area

August 16, 2013 | By Dave Abels

A 22-year-old man was rollerblading in Lombard last Tuesday evening when he was hit and killed by a van. The victim, a resident of Lombard, was at the intersection of Roosevelt Road and Highland Avenue around 9:00 p.m. when he began to cross. Police say that the man was crossing from the north to the south and was traveling at an angle when a van approached.

The van, driven by an unidentified female, approached the intersection and struck the rollerblader. Police say the driver clipped the victim, sending him flying over the hood of the van and landing on the ground. Emergency crews responded to the scene and transported the man to Good Samaritan Hospital in Downers Grove where he received emergency treatment. Unfortunately, the man succumbed to his injuries and was pronounced dead the next morning by hospital staff.

Police describe the intersection at issue as having poor visibility. It is illuminated but the lighting may not be adequate. The crash happened during nighttime hours and police believe that the combination of the dark and the layout of the intersection caused the driver to be unable to see the victim. At this time, police are continuing their investigation but they do not expect any charges to be filed against the driver of the van, calling the incident a horrific accident.

Regardless of whether the driver is criminally charged in the crash, the family of the victim may still have a claim against the driver for causing the young man’s death. It is the duty and responsibility of every Illinois driver to operate a vehicle with care and caution towards others on the road. This does not only include other drivers but also pedestrians, bicyclists, and in-line skaters, as in this case. When a driver is careless or negligent and causes an accident, that driver can be held financially liable for any injuries that result, including death.

Even if it was dark outside and police describe the intersection of the crash as having limited visibility, it does not excuse a driver from her duty to watch for others crossing the road. If the driver failed to meet her duty, the surviving family members of the victim may have a valid claim for their monetary damages. This is a civil claim and the right to bring it is held by the family of the victim and therefore it is possible to bring such a claim even if criminal charges are never filed.
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Possible Hit-and-Run Leaves Motorcyclist Injured

August 13, 2013 | By Dave Abels

A Saturday motorcycle crash left a biker critically injured and forced officials to shut down a portion of Lake Shore Drive temporarily, according to local police.

The accident occurred shortly before 8:00 p.m. near the northbound ramp to the Stevenson Expressway. Emergency officials responded to the scene and found the 25-year-old male driver of the motorcycle seriously injured after the accident. No other vehicle known to be involved was at the scene at that time. Officials transported the victim to John H. Stroger, Jr. Hospital of Cook County for treatment. Though he was initially in critical condition, his current status, including the extent of his injuries, is unknown.

Being the victim of an accident can be a distressing event for anyone. Yet when a negligent driver flees the scene after causing a crash, often the resulting accident seems even worse. Illinois law makes it illegal for anyone to leave the scene of an accident without first speaking with police. This law makes negligent drivers responsible for their actions and it also enables some victims to receive help after a crash.

If a victim of a hit-and-run is unconscious and in need of medical help, a driver who flees the scene will not be able to call authorities or an ambulance to help the victim, increasing the chances of a permanent injury or even death. Often this happens after accidents at high speeds or accidents between a car and a pedestrian, motorcycle, or bicycle. As these crashes are likely to cause serious injuries, the chances only increase when a driver flees the scene and leaves victims without help. In fact, national statistics from the National Highway Traffic Safety Administration estimates that approximately 18 percent of pedestrian fatalities involve hit-and-run drivers. That means that in nearly one out of five accidents that result in the death of a pedestrian, the driver involved flees the scene and does not stay to speak with police or offer the victim any assistance.

Besides the increased threat of injury to any victims, leaving the scene of an accident also carries the possibility of criminal or traffic charges. In fact, leaving the scene of a crash is a crime and when a victim suffers serious injury or death, the charge faced by a driver can be a felony punishable by up to 14 years in prison. The victim of a hit-and-run or the victim’s surviving family members may pursue a civil claim against the driver as well for any injuries, including death, that the driver caused. In the event that the driver is never located after an accident, a claim can still be brought against the victim’s own insurance company to seek payment for damages, including pain and suffering, medical bills, and lost wages.
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Minivan Hits School, Injures Boy

August 8, 2013 | By Dave Abels

Police believe that the driver of a minivan mistook the gas pedal for the brake outside an elementary school on Wednesday, sending the van crashing through the school’s entrance. The incident occurred in the afternoon at Woodland Middle School in Gurnee. The driver of the minivan, described only as a 67-year-old, was reportedly attempting to back the vehicle when the crash occurred.

An 11-year-old boy was inside the school with his father before the crash occurred. The two were attempting to exit as the minivan came crashing through the door. The van struck the boy, who is a 6th grader, and pinned him underneath the car. Emergency crews responded and had to use the Jaws of Life to remove the car from on top of the child. He was transported to a local hospital for evaluation and treatment and reportedly has since been released. Fortunately, the boy’s injuries appear to be non-life threatening and consist mostly of scrapes and cuts.

Wednesday was orientation day at the school and it appears that the young boy and his father were at the school for that purpose. What should have been an exciting day to start the new school year turned tragic when a driver was negligent. While it may sound like an innocent mistake when the driver used the gas instead of the brake, in fact it was careless and sent a young boy to the hospital.

It is the responsibility of every driver to put safety first. This includes the safety of their passengers, other drivers, and pedestrians in the area. Drivers are obligated to remain focused while driving and to avoid distractions. Here, if the allegations of the accident are proved correct, the driver was negligent and was responsible for the accident, including the injuries sustained by the 11-year-old.

Police have not yet stated whether the driver of the minivan will face any charges related to the accident. In addition to potential charges, the driver may face a civil claim by the boy and his family for the injuries caused by the driver. Illinois law allows victims of accidents to recover for their medical bills and other damages that are due to the negligence of another. In auto accidents or other crashes that involve a car, often a claim can be brought against the driver’s insurance policy or even the victim’s insurance policy is some cases.
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Cab Driver Injured by Passenger Who Threw Bleach in Driver’s Face

August 6, 2013 | By Dave Abels

Authorities recently charged an 18-year-old man with aggravated battery of a taxi driver, criminal damage to property, and theft of labor in an incident in the South Shore neighborhood. The teen has been arrested and is in jail in lieu of a $125,000 bond.

Police say that the teen hired a cab driver from an Elgin-based company to take the man to his South Shore neighborhood. It is not clear exactly where the teen was picked up but officials believe it was approximately 55 miles away from the South Shore and could have been in Carpentersville. The driver of the cab took the teen’s id as collateral for the long ride and proceeded to take the man to his neighborhood.

However, when the cab driver got to the designated drop off point, the teen refused to pay the $175 bill for the services. Instead, according to police, the teen pulled out a container of bleach and threw the bleach in the eyes and face of the driver. The driver experienced a burning and painful sensation to his eyes and skin and it is not yet known if he sustained any permanent damage.

Incidents like this are not only criminal but very dangerous to taxi drivers. When a passenger threatens a driver, the driver is often unable to remove himself from the threat, being unable to flee from his cab. This means that too often, the driver becomes a crime victim, either of a robbery or a battery, like occurred in this case.

Not only did this driver suffer injuries but his cab was damaged and he did not receive payment for the fare he lawfully deserved. Illinois law allows workers who get hurt on the job to bring claims for their injuries and any lost wages they are unable to earn. The law requires employers to pay for medical bills, including those for surgery or rehabilitation, and to enable employees to get the care they need.
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Drunk Driver Causes Rollover that Injures 9 Children

August 5, 2013 | By Dave Abels

A Friday morning crash on Interstate 57 sent nine children and at least one adult to the hospital for treatment of injuries, according to local police. The incident occurred shortly after midnight on the highway near 99th Street and involved only one car, a Chevrolet Suburban. Police report that nine children between the ages of three and 14 were in the car at the time of the crash as well as two adults, one of whom was driving. Suburbans typically seat eight individuals.

Police state that the 30-year-old female driver was drunk at the time of the crash, which caused the Suburban to roll over and leave the roadway. Seven of the nine children were not wearing seat belts or other child restraints in violation of Illinois law, and seven of the nine children were eight years old or younger.

Emergency crews transported all of the children and the driver to area hospitals. It is not clear if the other adult was injured in the accident and whether that passenger needed medical treatment. The driver reportedly is the mother of several of the children in the car and has been charged with driving under the influence and nine counts of child endangerment. The driver remained under police guard while receiving treatment at the hospital.

If the facts alleged so far are proved correct, this is a very troubling accident where nine children were placed at serious risk of death just because a driver chose to get behind the wheel after drinking. Drunk driving is a serious threat to safety across the nation and here in Illinois as drunk drivers continue to ignore the risks of their behaviors. Studies continue to show that a drunk driver is less able to make appropriate decisions and takes longer to respond to threats in the road than a sober driver, greatly increasing the risk of an accident.

In 2010, there were over 10,000 deaths caused by drunk drivers across the nation and over 200 of those deaths were children. More than half of the children that were killed by drunk drivers were in the same car as the drunk driver at the time of the crash.
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Water Tank Near Belmont Harbor Falls From Rooftop, Injures 3

August 2, 2013 | By Dave Abels

Authorities are not quite sure what caused a water tank to fall from the top of the Brewster building near Belmont Harbor on Wednesday morning but they are sure that three people were injured in the incident, one of whom was critically injured by the tank.

The Brewster building is located on the corner of Pine Grove Avenue and Diversey Parkway and is a well-known building in the area. At over 120 years old, the building has been a constant view for all current neighborhood residents and many of those that came before. Like many of the older buildings in the city, the Brewster had a water tank perched on its roof. Originally installed for combating potential fires, the Brewster’s tank reportedly was also functional in that it provided the residents of the building with their household water supply.

Authorities indicate that the tank was made of wood and was approximately 10 or 12 feet tall and 8 feet in diameter. It sat upon the roof of the building for decades but on Wednesday, the entire tank fell to the street below, more than eight stories. Witnesses say that upon impact, water and debris was strewn across the ground and the crash sounded like a roar.

Wednesday was the last day of July and therefore a common day that many residential leases end. Several tenants of a surrounding building were reportedly moving out as the water tank crashed to the ground. The tank inflicted damage on at least on U-Haul truck and a passenger sedan that were parked on the street around 10:00 a.m. and in the path of the falling tank.

When the tank hit the ground, part of the wood splintered and flew through the air. Police say that three people on the street were injured, including one woman who sustained critical injuries from some pieces of wood that broke from the tank and traveled airborne, striking her. She was transported to Advocate Illinois Masonic Medical Center as was a man who was injured in the incident with a third victim being taken to St. Joseph’s Hospital. The current conditions of the victims is not known but all were expected to survive.

Water tanks on city rooftops are known as historic landmarks in many cases and the City of Chicago has passed regulations governing their status, including making it somewhat difficult to remove them. The tanks are required to undergo inspections every five years to determine if they meet safety requirements and to address any lingering issues. It is not clear what made this tank fail but experts speculate that it could be related to the steel supporting the tank itself.
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Driver of Spanish Train Charged with 79 Counts of Homicide After Fatal Crash

July 31, 2013 | By Dave Abels

A mass memorial is planned for Monday evening to celebrate the lives of 79 passengers who were killed last week while riding aboard a Spanish train that derailed. New video footage of the derailment has been obtained by ABC and shows just how devastating the crash was.

The train was near its destination of Ferrol when it took a curve around a bend in the tracks. Experts who have reviewed the video say that the critical point happens when the second car in the train begins to leave the tracks with the subsequent cars, and also the engine, following. The train cars slammed into a concrete barrier and came to a rest off the tracks. While investigators are still combing through the wreckage, it is believed that 79 people have died and that more than 70 other remain hospitalized five days later. Though dozens of additional passengers were hurt, they have been treated and released at this point in time.

With no apparent malfunction of the train itself or the tracks, the initial investigation focused on the speed of the train at the time of the derailment. The driver of the train reportedly admitted that he was driving at about 120 miles per hour as he entered the bend. Though the tracks accommodate high speed rail and some sections allow for travel up to 155 miles per hour, the bend in question had a maximum speed limit of about 55 miles per hour. If true, the driver was traveling at more than twice the legal speed as he entered the curve. Several news outlets are now reporting that the train driver may have been on the phone at the time of the accident.Authorities successfully recovered the data recorders from the train and those are being analyzed by forensic experts as police attempt to piece together the crash facts. They are confident in the driver’s role in the crash, though, and on Sunday charged the man with 79 counts of homicide by professional recklessness and an undetermined number of counts related the injuries he caused. He was arrested but has been granted conditional release with the requirement that he surrender his passport and appear in court weekly. His license to operate a train has been suspended for at least six months and may be permanently revoked pending the outcome of the investigation.

The victims of the crash include residents of Spain, Europe, Latin America, and two from the United States. Not all of the bodies have been identified and therefore cannot be released to the families yet but officials are hopeful that this will happen soon.
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