Chicago Personal Injury Lawyer Blog

Southwest Suburban Deck Collapse Injures 14

July 29, 2013 | By Dave Abels

Neighbors say that friends and family were gathered in a Tinley Park, Illinois home on Saturday to celebrate a child’s birthday. The celebration turned tragic just after 9:00 p.m. when an outdoor deck attached to the home collapsed with about 35 people on it, sending them falling to the ground below.

The home is located in the 16700 block of Beverly Avenue in a residential area. The Tinley Park Fire Department responded to the incident, which has been described by one neighbor as the deck pulling away from the home and then collapsing. Adults and children were on the deck at the time and officials have reported that 14 were taken to area hospitals for treatment. No one is believed to have been trapped underneath the remains of the deck in the accident and an investigation into the incident continues.

With the cause of the deck collapse not yet known, it is unclear who caused the dangerous condition that led to the deck’s failure. It could have been due to inferior products used in the construction or substandard workmanship, or possibly a failure to maintain the deck by the home owner. What is clear is that a properly constructed and maintained deck should not suddenly collapse, injuring unsuspecting victims and causing them to incur medical expenses.

The law in Illinois requires landowners to keep their property in safe condition and to warn of any potential hazards when others are around. When an owner or possessor, such as a tenant or store owner, does not keep some condition of the property safe, that owner can be liable for any injuries that result.

For an owner to be liable for an accident, generally the owner must have been aware of the dangerous condition or should have been aware of it. This does not mean that the owner is not liable if there is no detailed inspection of every inch of the property; rather, the owner just needs to have some type of information that suggests a danger exists. Whether it is a support beam that is cracked, a missing bolt on a joint, or an ominous squeaking noise, it is the owner’s responsibility to fix any problems and warn others until the problems are fixed.
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First Guilty Plea for Felony Vehicular Manslaughter Charge From Bicycle versus Pedestrian Crash

July 27, 2013 | By Dave Abels

In what is believed to be the first of its kind, a California cyclist pleaded guilty last Thursday to a felony vehicular manslaughter charge that arose from a bicycle versus pedestrian collision. The presiding judge released the plea and the details on Tuesday.

The defendant, the cyclist in the collision, will serve 1,000 hours of community service but will avoid jail time as a result of his plea. The crash that led to the charges occurred just over a year ago on March 29, 2012 in San Francisco. The defendant was riding his bicycle in San Francisco’s Castro District when he collided with a 71-year-old pedestrian at the intersection. Witness accounts indicate that the defendant ran a red light and that the pedestrian had the right-of-way to cross and was within a cross walk at the time of the crash. The pedestrian initially survived the accident but died four days later from his injuries.

During their investigation of the crash, police learned that the defendant used a popular model of GPS to track his route and determine how fast he rode. That led police to the realization that the defendant ran two other red lights in addition to a stop sign and was traveling around 30 miles per hour at the time of the impact. Believing this conduct indicated a high degree of negligence, the State of California chose to charge the man with a felony instead of a misdemeanor.

Under California law, if the man had been convicted, he could have served up to six years in prison. Though the plea will let him avoid jail time, he will be on probation with the state for three years.

Recent years have seen California in the news for crashes and clashes between cyclists and pedestrians. A previous crash that resulted in a pedestrian’s death saw the cyclist sentenced for a misdemeanor; this current plea reportedly marks the first time a cyclist have been sentenced related to a felony charge of vehicular homicide.

The accidents between cyclists and pedestrians have produced public scorn by some that admonish the bicyclists that ride on San Francisco’s narrow and winding roads. In response, bicyclists have marched and ridden in large numbers to assert their rights to occupy the roads and to make their presence in the community known.
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Guilty Plea from Burbank Man Charged with DUI Death

July 25, 2013 | By Dave Abels

A Burbank man pleaded guilty on Tuesday to charges related to a 2012 crash where he was charged with driving under the influence. As a result of that accident, a 56-year-old woman was killed.

The 52-year-old defendant pleaded to a charge of aggravated driving under the influence in a Cook County courtroom and received a five year prison sentence from the presiding judge. Additionally, he was sentenced to two years of mandatory supervised release after the conclusion of his incarceration, for which he received nearly a year’s worth of credit for time already spent behind bars for this crash.

The accident happened in September of 2012 on 65th Street near Pulaski in the early morning hours. The victim previously parked her car on the street and was walking to the driver’s side door to enter the vehicle when the defendant approached in his car. The defendant struck the rear of the victim’s car and then hit the victim herself before continuing down the road, where the car hopped a curb and then collided with a building, where the car finally stopped.

Emergency crews responded to the accident and took the victim to Advocate Christ Medical Center for treatment. Though she survived the crash, her injuries were sever, and the woman died later that day. The defendant was arrested by police who suspected he was under the influence. A toxicology screen later revealed that the defendant’s blood alcohol content was 0.171 at the time of the crash, or more than twice the legal limit in Illinois.

Drivers in Illinois who choose to get behind the wheel after they have been drinking face stiff penalties if they are cited or if they cause an accident. A court can impose fines, suspend or revoke a driver’s license, require substance abuse treatment, community service, or incarceration in jail or prison. Punishments are usually worse when a drunk driver causes an accident that injures or kills another, as happened in this case.

When a drunk driver puts another’s safety in jeopardy, the drunk driver is breaking the law. Not only will the driver be responsible for any criminal charges that may arise but the driver might also face a civil claim by an injured victim or the family of a victim who was killed in a crash.
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New Illinois Boater Law Will Require Drug Testing After Some Accidents

July 23, 2013 | By Dave Abels

Named for a 10-year-old boy who was killed last year, Tony’s Law will shortly become effective in Illinois and will enable law enforcement to identify drunk boaters with greater certainty. Governor Quinn recently signed into law the new measure after the recent sentencing of a defendant in relation to a 2012 boating accident that cost a young boy his life.

In 2012, a family was boating on Chain O’ Lakes in Lake County and enjoying a day on the water. Their 10-year-old son was tubing behind the boat and lost the rope, leaving the rest of the family on the boat to circle back to pick up the boy. As they were closing in on him, the family watched as a boat driven by a Bartlett man closed in on the child in the water and struck the child, running him over and causing his body to come into contact with the boat’s propeller. Unfortunately the boy did not survive the accident.

Authorities later charged the boater with aggravated driving under the influence to which the man pleaded guilty in June of 2013. He received a 10 year prison sentence – the same length of time his young victim lived. In response to the accident, the boy’s family has been advocating for greater awareness of the inherent dangers of drunk boating, and as a result, Tony’s Law has been enacted.

The new law will require any boater that is involved in an accident that results in the serious injury or death of another to consent to be tested for drugs and alcohol to determine if the boater was under the influence of any intoxicating substance at the time of the crash. The laws regarding drunk driving violations in Illinois apply to drunk boating as well, so those found to be boating under the influence may be subjected to civil or criminal charges.

In addition to any charges brought by the State of Illinois, drunk boaters may be liable for the damages they cause a victim. In the event that a victim survives a boating accident, the victim may be able to bring a claim for their injuries against the responsible boater. If the victim dies, the right to bring a claim may rest with the surviving family of the victim.
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Six Vehicle Crash on I-55 Leaves Woman Dead

July 20, 2013 | By Dave Abels

It appears that a semi truck driver began a collision on I-55 on Wednesday evening that involved six vehicles and the death of the driver. Traffic began to slow on the highway near North River Road as the result of construction that was taking place. Illinois State Police have reported that a semi truck failed to slow or stop in time to avoid a collision with the car in front of it while traveling through the construction zone, and as a result, set off a deadly crash.

The force of the initial impact was significant and both the semi and the passenger vehicle were pushed forward, involving other drivers in the crash. By the time the vehicles came to a stop, three semis and three passenger cars were involved in the accident.

The collision occurred in the northbound lanes of I-55 and shut down the highway to all northbound traffic for several hours while police investigated. The driver of the first car that was hit, a female resident of Roselle, was killed in the accident. Several others were injured and taken to area hospitals but at this time, it is not clear how many were injured and what the current condition of each victim is.

State Police have not stated whether the initial truck driver will be charged in the crash, including whether the driver failed to yield as required by law or was driving in a manner that was unreasonable due to the construction zone and traffic conditions.

Statistically, semi trucks account for a large percentage of all miles traveled in Illinois but a smaller percentage of accidents. This means that though trucks drive more than an average car, they are less likely to be involved in a crash. Many truck drivers are cautious and careful when behind the wheel but not all of them are. Still, even a cautious driver can end up in an accident if the driver gets distracted or pays attention to something other than the road, even for a second.

When a semi truck is involved in an accident, the consequences can be dire. The relative size and weight of a truck hauling a trailer when compared to a standard passenger car means that the truck will have a lot more force behind it and will often incur much less damage than a car. A car, on the other hand, is lower to the ground and can be demolished in an accident with a truck, placing the driver of the car and any passengers in great danger of injury.
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Car Accident Lawyers Reach $80,000 Hit-And-Run Settlement

July 18, 2013 | By Dave Abels

The hit-and-run injury lawyers at Abels & Annes, P.C. recently reached an $80,000 settlement on behalf of our client who was injured in a crash on I-90. Our client was in the middle lane of the interstate when another vehicle attempted to enter the middle lane and struck our client. The impact was significant and was at highway speeds which resulted in our client being pushed out of her lane and to the right.

The driver who caused the accident fled the scene without checking to see if anyone was injured and without providing her contact information to the police.

After the crash, our client was shaken and upset. She was experiencing significant pain but hoped it would resolve on its own. When her pain worsened, she was forced to see her primary care physician who instructed her to go to the hospital.

At Saint Alexius Medical Center’s Emergency Department, doctors ordered an MRI of our client’s neck, which revealed broad based disc protrusions at two levels. These injuries caused our client neck pain and weakness in her arms as well as headaches. She also had lower back pain and she was instructed to follow up with a neurosurgeon for additional treatment.

Though she underwent physical therapy, our client’s neck pain continued and her neurosurgeon indicated our client may need surgery in the future. The neurosurgeon also diagnosed our client with a disc bulge in her lumbar spine. Our client has not had surgery and she hopes to avoid it though the need may become a reality in the future.

Being a victim of a car accident is never a good thing, but when an at-fault driver flees the scene, it can make things worse. Leaving the scene of an accident is a crime in Illinois and can seriously threaten the lives and health of any victim of the accident. If a driver flees an accident scene, it is never the other driver’s fault, and this is one of the reasons the law allows for a financial recovery in cases where injuries are caused by a hit-and-run driver.
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Former NBA Player Jason Kidd Pleads Guilty in 2012 Drunk Driving Incident

July 17, 2013 | By Dave Abels

Former NBA basketball player and current coach of the Brooklyn Nets Jason Kidd pleaded guilty on Tuesday to a misdemeanor charge stemming from a 2012 car accident. In that accident, Kidd was driving an SUV in New York when the vehicle left the road and struck a utility pole, pushing the pole and the car into several trees. When officers arrived, they suspected Kidd was under the influence of alcohol and asked Kidd to take a breathalyzer or blood test, but Kidd reportedly refused.

Kidd reportedly did admit that he was on his way home from a club where he enjoyed a few drinks. The responding officer noted that Kidd smelled strongly of alcohol and that his eyes were bloodshot and watery. When Kidd spoke, he reportedly slurred his words.

In court on Tuesday, Kidd pleaded guilty to a misdemeanor charge related to driving while intoxicated. With the plea, his crime can be reduced to a violation of driving while impaired, a lesser offense under New York law, if Kidd completes mandatory community service.

When celebrities get caught after drinking and driving, it can remind everyone just how dangerous the activity is. Here, fortunately, there were no other vehicles involved in the accident and no one was hurt. Often that is not the case. In many drunk driving cases, an accident occurs and people are injured or killed. These victims may be the drunk driver but are often passengers in the drunk driver’s car, other drivers on the road, or even pedestrians.

Studies have repeatedly shown that a driver under the influence of alcohol or drugs is much more dangerous than a sober driver. A drunk driver has slower reaction time and diminished ability to make critical decisions while driving. Yet despite these facts, thousands across Illinois continue to drive drunk every year.

The penalties for drunk driving can be severe. Depending on prior citations and the injuries that result from an accident, a drunk driver may lose her license, be subject to court ordered fines, undergo required rehabilitation, be incarcerated in jail or in prison, or even worse. Not only are traffic and criminal penalties possible, but drunk drivers may also be held liable for the civil damages they cause.
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Attorneys at Abels & Annes, P.C. Reach $1.475 Million Settlement in Construction Work Accident

July 16, 2013 | By Dave Abels

Working with co-counsel, the personal injury attorneys at Abels & Annes, P.C. recently reached a $1,475,000 settlement on behalf of a client who was severely injured at a work site. This is a third-party negligence settlement, and this amount is in addition to the over $270,000 we obtained for our client in a workers’ compensation claim. So in reality, our client received in the area of $1.745 million in total compensation. The specifics of the settlement are confidential.

As summer finally hits the city, we are reminded just how prevalent construction and work sites are in Illinois. Whether it is the demolition of an old building, remodeling of a condo complex, repair work, or even the more standard sight of road construction, building and progress mark every corner of the city. Construction and repair work are necessary jobs and vital for any city’s sustainability, but with construction unfortunately comes risk and danger. These construction sites can be home to any number of dangerous conditions. Some are open and obvious and include open pits, high scaffolding, and heavy machinery. Others may not come to mind as readily including live electricity, falling products, and injuries caused by the negligence of workers.

Work injuries can be devastating. Often fractured bones, burns, head and facial injuries, concussions, and crush injuries result after a construction accident. The injuries are just the beginning for some who are involved in an accident. Besides the injuries themselves, there are doctor’s appointments to attend, medical bills to pay, at home treatment that may be needed, and the financial stress that comes with being unable to work and make a living. When someone becomes a victim of a construction accident, his family and friends also suffer.

The physical and financial tolls that come with a job site accident can be overwhelming. The last thing a victim should worry about is how he will put food on the table for his family because he is unable to work. When an accident occurs at a construction area, the law allows for an injury victim to recover but there are time deadlines that must be followed. This is why you should consider contacting a personal injury attorney as soon as possible after an accident.
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Fleeing Suspect Causes 4 Car Crash in Chicago, 1 Dead

July 16, 2013 | By Dave Abels

A suspect in a shooting in the East Garfield Park neighborhood of Chicago was reportedly fleeing from police when he caused a four vehicle crash on Saturday. The shooting occurred in the 100 block of Springfield Avenue and the driver reportedly took off in a vehicle headed north. When he got to the intersection of Pulaski Road and Chicago Avenue, he crashed into two separate cars.

A 35-year-old female in one of the two cars hit by the alleged shooter died in the crash. The driver of one of the two cars lost control of the vehicle, which struck a CTA bus near the intersection. The shooting suspect and four others were taken to area hospitals for examination and treatment. The CTA driver did not appear to be among the injured. The victim in the shooting has also received medical care for a gunshot wound to the leg; he is expected to survive.

At the time of the crash, the alleged shooter was being pursued by police officers who responded to the shooting. It is not yet clear how close the officers were to the suspect as he approached the intersection.

The fleeing suspect in this case acted recklessly by putting his own safety and the safety of every other driver on the road in danger. His reckless driving did not even pay off because in the end, he was apprehended by police. He received medical treatment and then was released into police custody where authorities will determine what crimes, if any, he will face.

In addition to the shooting, the suspect may also face traffic or criminal charges related to his driving. These charges may be very serious since an innocent woman lost her life in the crash.

Car accidents can happen in a moment’s time. All it takes is a distracted driver or a driver in a rush to act negligently and to cause a crash. On average, there are over 750 automobile collisions every day in the state of Illinois. Many of those result in injuries and some even deaths.
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Plane Makes Emergency Landing in Illinois, Leaving One Hurt

July 14, 2013 | By Dave Abels

A small plane traveling to Waukegan had to make an emergency landing west of Plano, Illinois last Sunday morning, leaving one passenger injured. Local sheriffs were called to an open field near the intersection of Cook Road and Sedgewick Road in Kendall County after witnesses reported a possible plane accident.

When they arrived, officials noticed a propeller plane in a field west of Cook Road. The pilot had previously reported engine problems and was forced to bring the plane down before reaching the intended destination of Waukegan, according to the FAA.

Two people were on board the plane and one of them sustained minor injuries. Though the other passenger did not complain of injuries, both were taken to Valley West Hospital for examination and treatment, the second as a precaution. The condition of the individuals involved is not currently known.

The facts surrounding the emergency landing remain equally unclear at this time. Though the pilot reported engine problems, even that has yet to be substantiated. Officials have been able to confirm that the plane originated from an airport near St. Louis and that the registered owner of the plane resides in Mundelein, Illinois.

In addition to local sheriffs, the National Transportation Safety Board is investigating the incident since that organization has jurisdiction over airplanes. Though each incident is different, typically it takes several weeks to months for the NTSB to release any findings, including what they determine to be the cause of the emergency landing.

Airplanes continue to be a relatively safe way to travel, but that does not mean that accidents and injuries never occur. When a passenger boards an airplane, the passenger’s safety is placed in the pilot’s hands, as well as the hands of the company who manufactured the plane and anyone who performed maintenance on the plane before a trip. When a collision, crash, or other incident occurs, it is not the passenger’s fault and any passenger who is injured may have a monetary claim for their damages. In many cases, a pilot or other employee may also have a claim.
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