Chicago Personal Injury Lawyer Blog

3-Year-Old Boy Dies in Homer Glen Pool

July 12, 2013 | By Dave Abels

On Sunday afternoon, adults realized that a 3-year-old boy was missing from a home in Home Glen. After reporting the boy’s absence to local police, he was found in a neighbor’s pool, unresponsive. The neighbor performed CPR on the young boy until paramedics arrived and took over but the boy did not survive. Paramedics took the child to Silver Cross Hospital where he was pronounced dead just before noon.

The incident occurred at a home in the 1300 block of Chicago-Bloomington Road in Homer Glen on Sunday morning. The boy was reportedly a resident of Colorado and it is not clear what he was doing in the neighborhood. Though the specific facts have not yet been disclosed, there is an indication that a gate surrounding the neighbor’s pool may have been left open after a party on Saturday evening.

Accidental drowning is one of the biggest causes of death among children age one to four. For this reason, regulations covering swimming pools have become increasingly stringent in recent years. Each state, township, municipality and city has different applicable rules so it is important for swimming pool owners to make sure they are in compliance with the right set so they can legally maintain their pool.

If a swimming pool is available to a child, the child will find a way to get to the pool. Holes in a fence that may seem minimal to an owner can provide an easy means of access to a pool when seen through the eyes of a 2-year-old. Similarly, many pool owners have fences with gates surrounding the water but the gates are often propped open during a party where people will be coming and going from the home. This defeats the purpose of the gate and creates an extremely dangerous situation for children, including those at neighboring homes, as this incident illustrates.

It is the responsibility of every pool owner to make sure they comply with all applicable safety regulations. Not only is it the law, but it can help save a life. If a child is not able to gain access to water, the child cannot drown. Preventing unintended access to a pool is the most important thing a pool owner can do.
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Driver Hits Ambulance, Flees Scene On Foot

July 10, 2013 | By Dave Abels

A car near the 300 block of South Laramie Avenue collided with an ambulance around 5:00 a.m. on Friday morning. The driver of the car and a passenger in the vehicle took off on foot and fled the scene after the crash.

Two paramedics were in the ambulance at the time of the collision and both were injured. They were transported by a separate ambulance to West Suburban Medical Center where their conditions were unknown.

The driver of the car involved and the passenger both fled the scene and were not immediately apprehended. It is not clear whether the driver will face any charges if apprehended but it is likely that a charge of leaving the scene might result. Local police have not said whether they know the identity of the driver or whether that remains unclear at this point in time.

Illinois law requires that all drivers yield to ambulances and other emergency vehicles when the vehicle is responding to an emergency with lights and sirens activated. These vehicles have an automatic right-of-way at intersections, even if facing a red light. The laws are so clear that the majority of accidents involving emergency vehicles are due to the negligence of another driver.

When an accident occurs, the police are responsible for investigating the incident and issuing any citations. In addition to any traffic violations or criminal charges, an at-fault driver may be civilly liable for any injuries resulting from a crash. In this case, if the driver of the car caused the collision, the driver may be liable to both paramedics for their injuries.
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West Dundee Youth Minister Accused of Sexual Contact with a Church Minor

July 9, 2013 | By Dave Abels

The director of youth ministry at the First Congressional Church of Dundee has been accused of having sexual contact with a minor in early June. The contact reportedly occurred at the church and the minister has been taken into custody.

The accused minister is a 31-year-old male from Elgin. His arrest has been confirmed by the senior pastor at First Congressional Church of Dundee which declined to say how long the youth minister had been an employee. The senior pastor said the church was unaware of any allegations of sexual contact made against the minister before the time of his arrest on Tuesday. The church reports that it is cooperating with police during their investigation and that the church’s priority is justice for those involved.

The church has placed the minister, who was in charge of youths between sixth and 12th grades, on leave. Detailed information about the alleged victim, including the victim’s age, have not been released nor have the specific charges against the minister been disclosed.

If substantiated, these claims will truly be tragic. Parents entrust ministers with the care and education of their children and should never find their children to be the victims of a sexual predator. Unfortunately, cases like this occur often in Illinois. The sad fact is that many child predators seek positions that allow them access to children in an unsupervised capacity, either by working with a church, being a coach of a sports team, or even a teacher in a public or private school.
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New Designs May Help Pedestrians Survive Car Crashes

July 8, 2013 | By Dave Abels

Car manufacturers are constantly looking at ways to improve safety in their vehicles. Through the addition of seat belts and air bags, as well as crumple zones reinforced passenger compartments, cars today are much safer than their predecessors. These new safety innovations have been designed to protects occupants within a vehicle in the event of a collision, but until recently, little thought has been directed towards those outside of a car. When a car hits a pedestrian, the results can be catastrophic and often result in the pedestrian losing his or her life. This has been true for decades but if some auto manufacturers have their say, it might not be for long.

Facing a pedestrian death toll of over 4,000 every year, Honda and Volvo have both begun the process of analyzing their vehicles and considering exterior design changes that may help a pedestrian survive a crash. When a standard car strikes a walker, the pedestrian is often thrown up on the hood of the car and then onto the windshield. Most pedestrians are thrown forward again as the car breaks, resulting in the pedestrian striking the ground. Others are thrown to the side of the hood or even over the roof to land on the far side of the car, depending on the speed and type of the vehicle, the position of the pedestrian, and the actions of the driver.

Different companies are experimenting with different safety items. For example, Honda and Acura have been using fenders detached from the car frame on their vehicles since 2008. The engines are likewise separate from the vehicle hoods. The idea is that having these pieces separate may provide some extra cushioning when an accident occurs and that any added cushioning will increase the odds that a pedestrian will survive after being hit. Instead of the impact pitting the pedestrian’s body against the entire frame of the car, which is heavy, large, solid, and can be unyielding, the pedestrian strikes a detached fender which is more willing to bend and distort, absorbing the impact.

Other companies, like General Motors, are including a pocket of space between the engine and the hood. Like the detached components, the idea is that this extra space will provide a cushion so that the impact of the pedestrian’s body will be absorbed by the hood and the hood will have space to bend and distort before reaching the engine. If it works as designed, many pedestrians who would otherwise have struck car engines will be stopped at the hood, increasing the chance for survival.

One of the more interesting and unique ideas being promoted comes from Volvo and is not currently available in the United States. It is an airbag on the windshield that deploys upon impact. The airbag is designed to prevent a pedestrian’s head from striking the solid windshield or windshield wipers and to provide a safe cushion instead. Since one of the major causes of pedestrian deaths are head injuries, if successful, this windshield airbag may drastically increase safety across the globe.
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Driver Hits and Kills Pedestrian in Romeoville

July 7, 2013 | By Dave Abels

A 61-year-old man was hit and killed while crossing the street in Romeoville on Thursday, according to local police. The incident happened near the intersection of Weber Road and 135th Street at about 9:35 p.m.

Local police say the pedestrian was crossing Weber Road from the west to the east on the evening of July 4th when a northbound Honda Civic struck the man. The man was transported to Adventist Bolingbrook Hospital but he did not survive his injuries and was pronounced death at the hospital.

The driver of the Civic is a 23-year-old man from Aurora. After police responded to the crash, they arrested the driver on charges of driving without a license and without insurance. It is not clear whether the driver will be charged for any violations related to the collision.

The area where the accident occurred is mostly commercial with several large establishments surrounding the intersection. A lot of vehicles travel the street and turn into one of several parking lots around the establishments but pedestrian traffic is also common. It is not clear whether the pedestrian involved in this crash was within a marked pedestrian area or not but what is clear is that at least one of the parties acted negligently and a man lost his life.

When thinking of an automobile accident, the common image that comes to mind may be of two cars colliding. But that is not the only type of accident that happens in Illinois. Unfortunately pedestrians are hit every year and in 2011, 35 pedestrians in Illinois were killed in accidents with cars. Another 4,911 pedestrians were injured.

Accidents between cars and pedestrians can happen in any number of ways but often, the initial cause is that the driver of a car fails to notice or see a pedestrian on the road, at a crosswalk, or on a sidewalk. Drivers sometimes forget that in addition to watching other cars, they must remain alert for those who might be walking. This is particularly true at intersections where a driver wants to turn right. If the light is red and a driver brings a vehicle to a stop, intending to turn right, it is easy to look to the left to make sure traffic is clear before beginning a turn. However it is critical that a driver also look to the right to make sure no pedestrians are crossing the intersection. Noticing a crossing pedestrian will cause a driver to wait to make a turn and prevent the driver from causing an accident.
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Many Boaters Still Operate Under the Influence Despite Risks

July 5, 2013 | By Dave Abels

Many drivers realize how dangerous it is to mix alcohol and an automobile. A lot of these would never think of driving under the influence and placing themselves, their passengers, and others on the road at risk. Yet when it comes to boating, these same risks are downplayed or entirely ignored so that boaters can have a good time.

Illinois has hundreds of rivers and lakes that allow boating. It is a popular pastime among Illinois residents as well as out-of-state tourists, flooding local towns with tourism dollars and a summer boon. A lot of these boaters see time on the water as an opportunity for a party off land where anything and everything goes. For a lot of boaters, this includes alcohol.

Driving a boat while intoxicated can be just as dangerous as driving a car drunk. The alcohol has the same effect on a person’s central nervous system regardless of what type of vehicle is being operated. Alcohol is a depressant that slows the body’s ability to process information and slows reaction time. This means that if a hazard suddenly appears, like a swimmer bobbing in the water, it takes a drunk boater longer to perceive the swimmer’s presence and longer to take evasive action, like stopping the boat. This can result in an innocent person being injured or killed just because a boater wanted to have a few drinks on the water.

Boating under the influence of alcohol does not get as much attention as drunk driving, and perhaps that is some of the reason that people seem less willing to acknowledge its dangers. At the end of the day, though, operating a boat under the influence of any intoxicating compound is a violation of Illinois law and can result in a citation or criminal charge. In some cases, a boater may even be charged with a felony and risk spending serious time in prison.

There were 209 people arrested for boating under the influence in 2012 in Illinois alone. Tragically, 19 people were killed on Illinois water in boating accidents last year, and about half of those deaths have been deemed alcohol-related. Drinking and boating is not only a crime but it is claiming the lives of innocent Illinois residents every year, leaving families irreparably broken and friendships destroyed. Traditionally, July 4th celebrations have been linked with an increase in drinking among boaters and officials are aware of this. Police will be on the water throughout the week looking for signs of impairment in an effort to prevent any accidents from occurring. The best way to avoid tragedy is to designate a sober driver for the boat if any drinking will be involved and to never let someone who has been drinking take control of any motorized vehicle while on the water.
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CTA Bus and Dump Truck Collide, Seriously Injuring CTA Worker

July 3, 2013 | By Dave Abels

A Wednesday night crash between a CTA bus and a dump truck left the CTA driver critically injured. Four vehicles ended up being involved in the accident which occurred near the CTA garage on 103rd Street.

Police stated that a Jackson Park Express bus attempted to turn into the garage when the bus was struck by a westbound truck. The details of how the accident occurred are not yet clear but officials have confirmed the involvement of a CTA bus, a dump truck, and two other vehicles.

The CTA bus was not in service at the time of the crash and only two CTA employees, including the driver, were aboard. Both were injured and taken to Advocate Christ Medical Center in Oak Lawn as was the driver of the dump truck. The driver of one of the other vehicles was also injured and required medical care while the condition of the remaining driver is not known. Emergency crews were forced to cut apart the CTA bus in an effort to remove the driver.

When an accident involves multiple parties, it can be very difficult to determine exactly who is at fault for the crash. Many times, multiple drivers are each accountable for some of the blame. It can be difficult to sort out who is responsible for any injuries that result from a crash. When working, there may be an additional claim available to a person injured in an accident. The rules for each type of claim are different but all are time sensitive so if you have been hurt in an accident, you should contact a personal injury lawyer as soon as possible.
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Chicago Sexual Abuse Lawyers File Three Additional Lawsuits Against the Chicago Archdiocese regarding Daniel McCormack

July 2, 2013 | By Dave Abels

Today Illinois sex abuse attorneys at Abels & Annes, P.C., working with co-counsel filed three additional lawsuits on behalf of three plaintiffs who allege they were sexually abused by former Chicago priest Daniel McCormack when they were minors. The lawsuits name Cardinal Francis George, the Catholic Bishop of Chicago, and the Archdiocese of Chicago as defendants.

To protect their identities and the identities of their families, the plaintiffs filed the lawsuit anonymously through the use of pseudonyms (such as John Doe). The plaintiffs allege that they were around Daniel McCormack during their school days at St. Agatha’s parish. During that time, McCormack was a priest at St. Agatha’s parish and St. Agatha’s rectory and for some time was a coach of the boy’s basketball team.

The lawsuits allege that through his interactions with the plaintiffs, McCormack exerted an inappropriate presence over the plaintiffs that included sexual touching and contact. The lawsuits further state that allegations of inappropriate sexual behavior had been launched previously against McCormack and that officials failed to take any action to remove McCormack from his post or prevent his access to children. The earliest complaints brought to the Church’s attention were back when McCormack was still in seminary, the suit alleges, but Archdiocese officials still failed to take action to prevent further sexual abuse.

The lawsuit continues to claim that the Church failed to warn the students, their families, and the public of the allegations against McCormack and allowed these individuals to spend solitary time with McCormack, enabling the abuse that occurred. Instead of issuing warnings, McCormack was promoted and was eventually named pastor of St. Agatha’s in 2000.

When police learned of the alleged abuse, an investigation was initiated and McCormack was arrested in 2005. Even after his arrest and a recommendation by a review board for McCormack’s removal, the Church waited until McCormack was arrested a second time in 2006 before it took the necessary steps to remove him from his position with the Church.

McCormack was eventually charged with molesting several minor boys through his interactions with them at St. Agatha’s. He pleaded guilty to charges of sexually abusing five boys and was sentenced to five years in the Illinois Department of Corrections.

In 2011, the sexual abuse lawyers at 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 boy by former Rev. Daniel McCormack for $3.2 million, $300,000 of which was placed in escrow for services. The identity of that plaintiff and his family remain confidential.
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Chicago Motorcycle Lawyers Settle Case for $100,000

July 1, 2013 | By Dave Abels

The Chicago motorcycle attorneys at Abels & Annes, P.C. recently settled a case on behalf of a client who was injured while a passenger on a motorcycle. The settlement is for the available uninsured policy limits of $100,000.

This claim stems from a motorcycle accident last summer in Chicago. Our client was a passenger on the bike that was traveling westbound in the city. As she entered an intersection, a taxi cab heading northbound ran a red light and struck the rear tire of the bike and caused the bike to crash. Our client was thrown from the bike and landed some distance away on the pavement, sustaining serious injuries. The taxi fled the scene of the crash without stopping to see if the victim was hurt and without providing any identification information to our client or the police.

Our client was taken by ambulance to Northwestern Memorial Hospital’s Emergency Room where she complained of significant pain across her body. She had numerous cuts and abrasions that needed to be cleaned so doctors sedated our client to minimize the pain associated with this procedure. She was discharged from the hospital but her wounds did not heal as doctors intended, requiring our client to have her wounds debrided and medically treated until they eventually closed. Our client sustained some permanent scarring as a result of her injuries and endured a lot of pain. She may need future surgery to reduce the visibility of her scars but some scarring will always remain.

Our attorneys brought a claim against the uninsured motorist provisions of the motorcyclist’s insurance policy. Most drivers in Illinois have this type of coverage and it applies to accidents where an at-fault driver fled the scene. The available insurance in this matter was $100,000 and our attorneys were able to recover this full amount without having to file a lawsuit. We also represent the motorcycle driver in this case and her claim is still pending.
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Batavia Township Crash Leaves Bicyclist Dead

June 29, 2013 | By Dave Abels

A 50-year-old bicyclist was killed in an accident on Thursday afternoon when he was hit by a car. Police have stated that the man was riding north on Nelson Lake Road in Batavia Township when a Nissan Rouge struck the rear tire of the bike, throwing the victim to the ground.

Reports indicate that the bicyclist was riding within the lane of traffic used by northbound drivers. Several drivers in a line passed the bicyclists on the left but when the Nissan approached, the 26-year-old driver did not swerve to avoid the cyclist. She continued straight and struck the bike, causing the collision.

The area where the crash occurred has one lane of traffic going in each direction. Bicyclists are permitted to ride with traffic and to occupy a lane of the road with drivers being required to share the lane. If a driver wants to pass a bicyclist, the same rules apply that would apply in the case of passing a car. It must be clear and safe to do so before the driver attempts the pass.

After the crash, the bicyclist was transported to Mercy Center Hospital in Aurora where he was later pronounced dead. The driver of the Nissan was not injured in the crash and reportedly did not seek medical treatment. She was cited by the responding officer for failing to reduce her speed to avoid a collision. Police are still investigating the incident and more charges could result depending on what is learned.

It is not yet clear why the driver of the Nissan struck the bicyclist but police are investigating to determine if alcohol, drugs, or texting were involved. In many accidents between drivers and bicycles, the driver claims that they never saw the bike until the collision. Since witnesses in this case have said that the Nissan was in a line of cars that passed the bike, it is likely that the driver noticed the cars in front of her moving towards the left to pass the bike. Despite the fact that cars were all moving to avoid something, this driver appears to have not acted cautiously or even slowed her vehicle in response to a potential object to avoid. As a result, a 50-year-old man lost his life.
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