Chicago Injury Attorney Blog

The family of a 22-year-old college student that died in an accident with a semi-trailer truck in Kendall County in April 2004 has reached what may be a record wrongful death settlement in the Illinois county. The $2.8 million wrongful death settlement will be paid to the family members of Shannon M. Orr, who died after a Jewel-Osco truck rear-ended her car in Na-Au-Say Township.

The crash caused Orr’s vehicle to ram into the cement truck in front of her. Her car caught on fire, and she died from her injuries. The defendants in the wrongful death lawsuit were Albertson’s, Jewel Food Stores, Logistics Co, American Procurement, and Peter Desuno.

Truck Accidents
Pedestrians, motorcyclists, bicyclists, and the drivers and passengers of cars are at a disadvantage if they were ever to become involved in a motor vehicle crash with a tractor-trailer, a semi-truck, a garbage truck, an 18-wheeler truck, or another large truck.

Often, truck accident victims—if they survive—are left to cope with catastrophic injuries. It doesn’t help their situation that trucking companies are prepared to deal with injury claims and lawsuits and know what steps to take to minimize liability for any role they (or one of their truck employees) may have played in causing the accident. In Illinois, a good Chicago truck crash lawyer can protect your rights to obtain the maximum recovery for your injuries or the wrongful death of your loved one.

Common causes of truck accidents:

• Speeding
• Drunk driving
• Overloaded truck
• Driver fatigue
• Negligent operation
• Mechanical problems or truck/product defects

$2.8 Million Settlement in Fatal Crash, SuburbanChicagoNews.com, July 30, 2008

$2.8 million settlement in 2004 death of woman whose car was hit by Jewel truck, Chicago Tribune.com, July 30, 2008

Related Web Resources:

Federal Motor Carrier Safety Administration

Center for National Truck and Bus Statistics

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Truck Accidents

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A paralyzed man convicted of resisting arrest and hitting a Chicago police officer in a 2006 incident is suing the city and several of its police officers for violating his civil rights. Daniel Casares, who is a quadriplegic, says that police pulled him from his vehicle and beat him even after he told them that he was paralyzed and could not get out of the car.

He also says that because of physical condition, he does not have the physical ability to strike the officer he was convicted of hitting. Casares is unable to move his legs and has limited range of motion in his arms.

The alleged police brutality incident happened while Casares was sitting in the passenger side of his car next to his brother. Chicago police arrived to arrest his brother, who was under suspicion of using marijuana. Casares was ordered to exit the vehicle, and this is when he says he repeatedly told them he was unable to get out of the car.

Three police officers that testified at Casares’s criminal trial offer a different account. They claim that they never drew their guns during the altercation and accuse Casares of hitting a female cop when she asked him to exit his car.

Police Brutality
In 2007, CNN published statistics reporting that the City of Chicago received over 10,000 complaints against its police officers between 2002 and 2004. Many of these reports alleged assault and brutality.

Man paralyzed since 2002 files suit saying he was beaten by Chicago cops in '06, Chicago Tribune, July 24, 2008

Chicago's Finest Under Fire for Brutality, CNN.com, September 28, 2007

Related Web Resources:

983 Civil Action for Deprivation of Rights

City of Chicago Police

Continue reading "Quadriplegic Man Files a Lawsuit Accusing Chicago Police of Beating Him" »

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Police Brutality/Civil Rights Violations

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The Regional Transportation Authority is reporting that Chicago Transit Authority trains are safe to ride but that the CTA is not doing enough to identify and take immediate action to fix hazardous conditions that could lead to railroad accidents. The RTA had commissioned an on-site safety inspection of the Chicago train system.

Reviews findings included:

• There were 5 train crashes and 13 train derailments that happened in CTA rail yards over a 7 ½ month period in 2007.

• The CTA does not hold enough emergency-response drills.

• Train operators did not physically check to see that all doors were shut and all passengers were safely in and out of the train.

• Some train stations did not have emergency phone lines or adequate lighting.

• A significant amount of debris was noted on railroad tracks.

• Certain train tracks had defects, including rotten wood ties and loose rail spikes.

The RTA is giving the CTA another opportunity to improve these safety issues and will conduct another evaluation this summer.

Common Causes of Train Accidents:

• Driver fatigue, inexperience, or negligence
• Track or train defects
• Faulty maintenance
• Mechanical failures
• Electrical malfunctions

CTA's rail safety criticized, Chicago Tribune, June 29, 2008

Related Web Resources:

Chicago Transit Authority

Regional Transportation Authority

Continue reading "RTA Says Chicago Transit Authority Should Do More to Prevent Train Accidents" »

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Posted In: Train Accidents

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In Cook County, a jury awarded $7.5 million to the family of a man that died after being pinned to the back of a police car. 39-year-old Eduardo Godinez died in 2003 after he was pinned against the back of a Cicero police car in a motor vehicle crash involving a drunk driver. The Illinois wrongful death lawsuit named the city of Cicero as the defendant in the case.

Cicero police had arrived at the scene to break up an altercation that Godinez was involved in. The police officers told Godinez to step off the sidewalk, onto the street, and behind one of the police cars, but they did not turn on their vehicle's emergency lights.

Motorist Luis Contreras, who was drunk driving an SUV at a speed of about 74 mph, struck a jeep before hitting Godinez, who ended up pinned against the police car. Both of his legs were severed and he died the following day.

Wrongful Death
A death can qualify as a wrongful death if the victim would have been entitled to personal injury compensation had he or she survived the accident. In Illinois, the immediate family members of a decedent can file a wrongful death lawsuit if the person that died was killed because of another party’s negligence. Under the Illinois Wrongful Death Act, you have two years from the date of death to file a lawsuit.

Pedestrian Injuries
Pedestrians injured in motor vehicle accidents are prone to serious—even fatal—injuries, including severed limbs, burn injuries, broken bones, traumatic brain injuries, spinal cord injuries, and death.

Common causes of pedestrian accidents:

• Driver inattention
• Faulty traffic signs
• Drunk driving
• Speeding
• Defective motor vehicles

Cicero ordered to pay $7.5 million in wrongful-death suit, ChicagoTribune.com, July 11, 2008

Illinois Wrongful Death Act

Related Web Resource:

City of Cicero, Illinois

Continue reading "Cook County Jury Orders Illinois City of Cicero to Pay $7.5 Million for Laborer's Wrongful Death" »

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Posted In: Automobile Accidents , Pedestrian Accidents

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In Illinois, the parents of a 3-year-old that died after being crushed by an iron gate have filed a Chicago wrongful death lawsuit against Urban Property Advisors, a private management company that oversees rowhouses for the Chicago Housing Authority.

Curtis Cooper was riding his tricycle on Cambridge Avenue in Cabrini Green on the afternoon of June 27, when an iron fence fell on him. His father, Clayton Wade, says, “I saw his head smashed in with the gate.”

Five or six men tried to pull the heavy gate off the boy. Curtis was later pronounced dead at Children’s Memorial Hospital. An autopsy found that Curtis died from cranio-cerebral injuries.

The lawsuit is asking for damages over $50,000. The gate reportedly had hinges on it that had been rusted through. It failed a building inspection conducted on June 30.

Premises Liability
It is the responsibility of all Illinois property owners and managers to make sure that there are no hazardous conditions on a premise that could cause serious injury or death to a resident, patron, or visitor of a property. Failure to fulfill this duty can be grounds for a premises liability or wrongful death claim or lawsuit.

Examples of conditions that can lead to a Chicago premises liability or wrongful death claim or lawsuit:

• Carbon monoxide leaks
• Slippery or uneven floors
• Poorly lit hallways
• Defective appliances on the property
• Electrical hazards

Premises liability accidents can lead to serious injuries, including broken bones, burn injuries, slip and fall injuries, injuries from a violent crime, and death.

Family of boy killed in gate accident files lawsuit, Chicagotribune.com, July 2, 2008

Toddler Crushed By Gate, CBS2Chicago.com, June 28, 2008

Related Web Resources:

Wrongful Death Act, Illinois General Assembly

Chicago Housing Authority

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Posted In: Premises Liability , Wrongful Death

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The family of a man that died in an accidental shooting incident involving the Danville police is suing the city and the police officer involved. Aaron Moss, 27, was killed in 2006 after Officer Troy Wasson shot him twice during a foot pursuit.

The lawsuit, filed in US District Court in Urbana, alleges excessive force and wrongful death. Moss’s family is asking for over $1 million in damages and accuses Wasson of acting “maliciously, willfully, and wantonly” in Moss’s death.

The complaint reports that on May 30, 2006, Moss and another man had just ended an argument when the police arrived. Moss fled from the scene and was chased by Danville police.

Office Wasson allegedly pulled out a taser, but when he encountered Moss, he shot him in the arm and the back with a gun. The lawsuit claims that Moss was not armed and that Officer Wasson told a woman who offered to perform CPR on Moss to go away.

A sheriff’s department investigation, however, claims that Moss had a loaded gun. The police probe determined that Wasson was not at fault and absolved him of doing anything wrong.

Justice Department Statistics that from 2001 to 2007, there was an increase in the number of reported incidents involving the use of excessive force by law enforcement officers compared to the seven years prior. Many police brutality cases were reportedly not prosecuted.

Examples of police brutality include:

• Brutal chokings
• Unjustified shootings
• Beatings
• Sexual assault
• Verbal violence

Family sues city, police officer, Commercial-News, July 10, 2008

Related Web Resources:

Shielded from Justice, HRW.org

Communities United Against Police Brutality

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Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

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The family of a Lincoln Square icon that died in Chicago last year after being struck by a van is suing the driver for his wrongful death. Joseph Zeman, known as the “Pigeon Man of Lincoln Square,” died on December 18 in a pedestrian accident at Devon Avenue and McCormick Road.

The 77-year-old was a famous icon who spent hours sitting on a fire hydrant located on the corner of Western and Lawrence. He was usually surrounded and perched on by a large group of pigeons.

The driver of the van, Isaac Fadida, reportedly did not see Zeman. Fadida was turning right after exiting a parking lot. The van dragged Zeman’s body until a witness told the driver to stop. The Pigeon Man was declared dead at St. Francis Hospital in Evanston soon after.

Last month, Fadida was found guilty of driving with an unsafe vehicle and failure to exercise due care to avoid striking a pedestrian. The van he was driving was 16 years old and had defective brakes.

According to CyberdriveIllinois.com, there were 164 pedestrian deaths in Illinois in 2005. Pedestrian injuries are usually serious injuries, and for the pedestrians that recover, they may have to contend with long and costly recoveries from broken bones, traumatic brain injuries, spinal cord injuries, and other serious injuries.

You have two years from the date of the accident to file a personal injury lawsuit. If your loved one died in a pedestrian accident caused by driver negligence, you may be entitled to wrongful death compensation.

'Pigeon Man's' family sues, Chicago Sun-TImes, June 18, 2008

'Pigeon man' struck, killed by van, ChicagoTribune.com, December 19, 2007

Related Web Resources:

Pedestrian Crash Facts, WalkingInfo.org

Pedestrian Safety, Federal Highway Administration

Pedestrian Safety, CyberDriveIllinois.com

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Wrongful Death

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