Chicago Injury Attorney Blog

A 78-year-old pedestrian is dead following an East Chicago car crash on Saturday morning. The driver of the vehicle, 25-year-old Kevin Rodriguez, was charged with DUI, leaving an accident, reckless homicide, and driving without insurance.

The senior pedestrian, Zivojin Mitrovich, was struck just before 6am while crossing the street. Chicago police say he was pronounced dead at the Illinois auto crash site.

Senior Pedestrians
According to multiple studies, elderly pedestrians have a greater chance of becoming involved in a pedestrian accident than their older adult counterparts. Safety.com reports that people over age 65 comprise 23% of all pedestrian deaths, and their chances of dying in a pedestrian accident is twice that of people in younger age groups.

Reasons why senior pedestrians are more prone to pedestrian accidents:

• Impaired hearing or eyesight
• They may be taking medication
• Injuries, such as hip injuries or other physical impairments, may make them move slower than other pedestrians
• Slower reflexes
• Slower reaction time
• Loss of peripheral vision
• More prone to fall accidents
• May need help getting up after falling

As a rule, motorists must be careful when operating their vehicles around pedestrians. However, they must be especially cautious when there are children or senior pedestrians crossing the street or walking on the sidewalk. Unlike teenagers and other adults, elderly people and young children may not be as physically agile or have reflexes that are as honed.

Not only are elderly seniors more prone to getting involved in a pedestrian accident, but recovery from resulting injuries can take a longer time. In some cases, preexisting medical conditions or advanced age can lead to additional complications or death.

Injuries or death from a Chicago pedestrian accident that was caused by a negligent driver can be grounds for personal injury or wrongful death recovery.

Elderly man killed in crash, driver charged, ABClocalgo.com, March 29, 2009

Street Smarts for Senior Pedestrians

Related Web Resources:
Focusing on the Senior Pedestrian, WalkingInfo.org

Elder Safety

Continue reading "East Chicago Car Accident Kills Senior Pedestrian" »

A study released this week of the suburban Chicago area lists the towns with the highest pedestrian accident rates. Among the findings (the rate is equivalent to the number of pedestrian accidents/1000 crash residents):

Hopkins Park: 4.22
Oakbrook Terrace: 1.31
Harvey: 1.12
Markham: 1.03
Countryside: 1.0
Oak Park: 0.06
Rosemont: 0.95
Summit: 0.94
Calumet Park: 0.04
Midlothian: 0.91

The city of Chicago was not part of the study, but is considered to have one of the highest pedestrian accident rates in the US. Information about the number of Chicago pedestrian deaths can be found in this blog post that we published earlier this month on our Web site.

According to the Illinois Department of Transportation, 1,000 pedestrians were injured and 170 others were killed in Illinois pedestrian accidents in 2007. 6,000 pedestrians got hit while in crosswalks. Aside from crosswalks, common sites for pedestrian accidents include residential areas, school zones, and parking lots.

While pedestrians should exercise the proper safety precautions when crossing the street and drivers must sure that they watch out for pedestrians and refrain from engaging in negligent driving, it is up to government and transportation officials to make sure that conditions on the roads that could pose a pedestrian hazard don't exist or are remedied, such as:

• Not enough sidewalks or trails.
• The sidewalks are too narrow and crowded.
• Uneven or broken or debris-lined sidewalks that can result in slip and fall accidents or accidents in which the pedestrian ends up falling in the street and into the path of a moving motor vehicle.
• Insufficient space between the road and the sidewalk.
• Sidewalks that are blocked by vegetation, garbage cans, or mailboxes.
• Lack of pedestrian signals or median crossings that make crossing the street a challenge.
• Inadequate street lighting.

Pedestrian danger zones: Kankakee County town posts highest per-capita traffic accident rate in greater suburban Chicago area, Chicago Tribune, March 27, 2009

Suburban Pedestrian Crash Rate Analysis, Activetrans.org, March 2009 (PDF)
Types of Pedestrian Problems, FHWA Safety

Related Web Resources:
Number of Chicago Pedestrian Deaths on the Rise, Law Offices of Steven J Malman & Associates, PC, March 10, 2009

National Highway Traffic Safety Administration

Continue reading "Study of Suburban Chicago Area Reveals Pedestrian Accident Rates " »

Movie Star Natasha Richardson was buried this weekend by her husband film actor Liam Neeson, her mother Vanessa Redgrave, her sister, Joely Richardson, her two sons, and other close friends and family. Richardson died last week following a ski accident in Canada. The 45-year-old actress had been taking a beginner’s ski lesson when she fell and struck her head, sustaining a fatal traumatic brain injury.

At first, the head injury appeared seemingly minor and paramedics who arrived to examine Richardson were told their services weren’t required. The scenario was much different more than an hour later when another ambulance arrived to rush Richardson to a local hospital. She would later be flown to the US where she died last Wednesday.

Autopsy results indicate that a blunt impact to the head is what caused the film star to experience an epidural hematoma, which is a kind of traumatic brain injury that involves the bleeding of the brain. Common causes of such a serious TBI include slip and fall accidents, getting struck on the head, and motor vehicle crashes. If not treated immediately, this type of brain injury can be fatal. Symptoms that someone is suffering from an epidural hematoma include dizziness, serious headaches, vomiting, drowsiness, and lapsing into a coma.

Following Richardson’s death, questions began to surface as to why she didn’t receive medical care sooner and if so, would she have survived? According to medical experts, while most serious injuries often result in immediate signs and symptoms, there are brain injuries involving “talk and die” situations. The victim may appear fine at first yet, suddenly—whether a few hours or several days later—his or her condition begins to rapidly deteriorate to the point of death.

CNN.com offers a list of what to do if someone you know has a head injury:

• Monitor the person closely for signs of a brain injury.
• Check for sudden changes in behavior or symptoms.
• Bring the injured person to the hospital if he or she starts acting drunk or is taking blood thinners—the latter can cause a major bleed.
• Take extra precautions and watch the person with the head injury even more closely if he or she is an elderly person.
• Take the person to a certified trauma center.

If someone you love sustained a traumatic brain injury in a slip and fall accident, a car crash, or another accident that was caused by other parties' negligence, you should speak with an experienced Chicago traumatic brain injury law firm today.

Natasha's lesson saves Ohio girl, CNNHealth.com, March 26, 2009

Epidural Hematoma, University of Missouri Healthcare

Related Web Resources:
Star Natasha Richardson mourned with Irish love, Herald.com,au, March 23, 2009

Natasha Richardson dies after skiing accident, Guardian.co.uk, March 19, 2009

Continue reading "Natasha Richardon’s Traumatic Brain Injury Death A Reminder of Why Even the Seemingly Mildest Head Injury Deserves Close Attention" »

Federal investigators are still trying to determine the cause of a deadly plane crash that claimed the lives of three families. An autopsy is being conducted on the body of pilot Ellison Summerfield to determine whether a medical emergency could have cause him to crash the private plane into a cemetery where it burst into flames. No one on the plane survived.

The Pilatus PC-12 was transporting three families to a Montana ski resort when the deadly accident happened. Killed in the aviation crash were Summerfield, passengers Amy and Erin Jacobson and their children Taylor, 4, Ava, 3, and Jude, 1, Vanessa and Michael Pullen and their children Sydney, 9, and Christopher, 7, Kristen and Brent Ching, and their children Heiley, 5, and Caleb, 3. The three couples had been friends in college and graduate school before becoming established in medical professions and starting their families.

Summerfield had reportedly engaged in several communications, including a request to divert the plane from its original landing destination, prior to the crash. None of those communications indicated he was concerned that anything was amiss with the aircraft.

The private plane was not carrying a cockpit voice recorder or a flight data recorder. Officials are hoping that the engine performance record they recovered from the crash site might be able to shed some light on what happened. The adult victims’ cell phone records might also be examined for clues.

Overload may have also been a factor in causing the plane crash. The Pilatus PC-12 is designed to carry 10 people and there were 14 people on the plane.

Aviation Accident Lawsuits
It can be very challenging, even for federal aviation officials, to determine the cause of a plane crash. If someone you love was killed in an aviation accident, the best way to ensure that your rights are protected and that you receive all of the compensation your family is owed is to speak with an experienced Illinois plane crash law firm about your personal injury or wrongful death case.

Montana plane crash shatters 3 families, Seattle Times, March 24, 2009

Onboard Device Could Offer Clue to Montana Crash, New York Times, March 24, 2009

Related Web Resources:
Federal Aviation Administration

National Transportation Safety Board

Continue reading "NTSB Continues to Investigate Cause of Montana Plane Crash that Killed Three Families " »

In Cook County Circuit Court, six months after 17-year-old Marvin Williams was shot to death after being apprehended by Chicago police, his mother is suing the city for her son’s wrongful death. The tragic shooting incident happened on September 16, 2008 while he was being arrested.

Chicago police arrived at South Marshfield Avenue after someone reported gunfire. They spotted a vehicle matching the description of one connected to the shooting and pulled it over. Police say that one of the officer’s was confronted by an armed offender and the cop fired his weapon, hitting Marvin. The Cook County medical examiner’s office says the teenager was shot several times. The Independent Police Review Authority has been investigating the shooting incident.

Demetria Williams’s wrongful death lawsuit is accusing the Chicago police of using unnecessary deadly force, recklessly removing the safety of the gun, and intentionally discharging the gun while it was pointed at him. Her complaint is claiming false arrest, false imprisonment, and survival action.

Police Brutality
Chicago police officers are required to restrain themselves from using excessive force when apprehending suspects. Police brutality is a violation of a person’s human rights even if they have been arrested, charged with, or convicted for committing a crime.

According to a Chicago Tribune investigation in 2007, a review of over 200 police shooting cases over a 10-year period revealed that police probes tend to use a separate set of standard of justice. In at least 12 incidents, police officers shot civilians who weren’t even facing them. They have also been known to shoot people who were unarmed and/or innocent.

Out of the 100 people that were killed and the 250 others injured in Chicago police shootings that took place over a decade, less than 1% of these shooting incidents were considered unjustified. Also, during some investigations into police shootings, the newspaper's probe found that witnesses were frequently not sworn in and conversations were not recorded.

Chicago police shootings have resulted in $59 million in police brutality settlements and verdicts against the city of Chicago.

Mom Sues City In September Shooting Death of Son, WBBM Radio, March 7, 2009

The rush to clear police in shootings, Chicago Tribune, December 5, 2007

Related Web Resources:
Chicago Police Department

Chicago's finest under fire for brutality, CNN.com, September 28, 2007

In Illinois, a mother is suing South Holland School District 151 for her son’s personal injuries. Leslie Connie’s Chicago personal injury lawsuit involving injuries to minors alleges that her son Isaac, a Coolidge Middle School student, was made to hold two large books in his arms for almost half an hour while staying in a crouched position until he eventually urinated on himself. Her complaint also contends that he had to go back to his classroom with the urine still on his clothing.

Connie says that he was being punished after his friends had made a mess in the school lunchroom and he couldn’t complete the initial punishment of running laps because he has foot problems and Asthma.

Connie says that a school social worker and counselor who no longer are employed by the school district are the ones that came up with the punishment. Also named as a defendant in the Chicago personal injury lawsuit is Coolidge Principal Patricia Payne. Connie says she believes this type of punishment is more prevalent at the school than one would think.

Isaac is now studying at a private school. Connie says that as a result of the incident, Isaac has been experiencing nightmares, anxiety, panic attacks, and regular flashbacks.

Illinois Injuries to Minors
A person younger than 18 cannot sue for Illinois personal injury without the assistance of his or her parent, guardian, or another adult. Seeking personal injury compensation for a child or another minor can allow them to receive the compensation they need to treat any serious injuries. It also is a way to hold any liable parties responsible for negligent behavior or reckless actions.

Lawsuit: School punishment resulted in student urinating on himself, Southtown Star, March 16, 2009

Mom: School forced son to squat 30 minutes until he soiled himself, Sun-Times, March 16, 2009

Related Web Resources:
States with Corporal Punishment in School, Family Education
South Holland School District 151

A local Chicago rapper is dead following a deadly Illinois motorcycle accident on East 95th street. The fatal traffic crash occurred when the motorcycle he Reginald “St. Nick” Coleman riding was struck by a van on East 95th Street on Saturday evening.

The driver of the van, 22-year-old Omari Dollinson, had been turning left at Forest Avenue. Chicago police have issued a citation to Dollinson for allegedly failing to yield the right of way.

Coleman, 27, was a popular local rapper who performed in local clubs. He leaves behind three young children who are now orphans. Coleman’s wife, Charnell, was just 27 when she died of a heart attack last October. Their children are ages 4, 3, and almost 1.

Illinois Motorcycle Accidents
Motorcycle riders are entitled to the same respect on the road as the drivers of cars, trucks, and buses. Motorcyclists are susceptible to serious injuries during Illinois traffic accidents because they don’t have the physical protection of a vehicle to protect them from the impact of colliding with another motor vehicle, a wall, a guardrail, or the ground.

According to the Illinois Department of Transportation, most motor vehicle collisions tend to occur in areas that have the densest populations. The counties where the most Illinois motorcyclist deaths occurred in 2007 were: Cook County (36), Lake County (10), Will County (8), Jersey County (7), DuPage County (6), Winnebago County (6), Kane County (5), McHenry County (5), and St. Clair County (5).

Injured motorcyclists and the families of motorcycle riders who were killed because another driver or another party was negligent or reckless may be entitled to Illinois personal injury or wrongful death compensation.

South Side rapper's death: Motorcycle crash victim mourned by family, friends, Chicago Tribune, March 16, 2009

2007 Motorcycle Fatalities, Illinois Department of Transportation (PDF)

Continue reading "South Side Rapper Dies in Chicago Motorcycle Accident After Van Driver Allegedly Fails to Yield Right of Way " »

In Illinois, Del Rey Tortilleria, Inc. has stopped making tortillas until it passes sanitary inspections by federal regulators. The Chicago food maker, which also makes corn flour and tostadas, is being sued by the federal government for allegedly maintaining unsanitary conditions while making the floor tortillas. The tortillas have been linked to schoolchildren in Wisconsin and Massachusetts who experienced flu-like symptoms after eating the tortillas. Incidents stem as far back as 2003 in Massachusetts and as late as 2007 in Wisconsin.

The Chicago food manufacturer has failed six federal sanitary inspections since 2003. Violations have included unhygienic practices, neglecting to take adequate steps to keep out pests, using paint buckets to store raw ingredients, using inadequately installed fixtures and plumbing, and placing chemicals near raw ingredients.

The Food and Drug Administration must approve the food maker’s safety program before it can start producing tortillas again. One of the requirements is that the food maker must hire two FDA-approved safety experts.

Gastrointestinal Illnesses
Gastrointestinal illnesses can occur when a person has been exposed to different germs and microbes. Symptoms of gastrointestinal illnesses can include vomiting, diarrhea, abdominal pain, nausea, cramps, rashes, headaches, fever, and paralysis.

Products Liability
Food manufacturers, distributors, and restaurants are required by law to make sure that any food that is made, prepared, or served is free from harmful bacteria or other contaminants. Bacteria in food can lead to salmonella, food poisoning, viruses, and sometimes even death.

If you believe that you or someone you love became seriously sick because you ate a spoiled or contaminated food product, you may have grounds for filing an Illinois products liability lawsuit against all negligent parties. Your illness may have caused serious pain and suffering, as well as required expensive medical care. If you had to take time off work to recover, you may have lost wages.

Chicago tortilla plant linked to illnesses at schools stops production, Chicago Tribune, March 7, 2009

Chicago tortilla maker sued by federal government agrees to stop making some products, Star Tribune, March 6, 2009

Related Web Resources:
Del Rey Tortilla Recall, Chicagoist.com

Multiple Outbreaks of Gastrointestinal Illness Among School Children Associated with Consumption of Flour Tortillas --- Massachusetts, 2003--2004, CDC

Continue reading "Chicago Food Manufacturer Stops Making Tortillas Linked to School Kids’ Gastrointestinal Illnesses" »

In Illinois, the mother or 18-year-old Ruben Ivy is suing the Chicago Board of Education for wrongful death. Ivy, a high school Jr., was killed on March 2008 during a shooting outside Crane High School.

In her Chicago wrongful death lawsuit, Emily Green says the city’s board of education ”voluntarily undertook” a system to keep guns off the school premises and that that system did not work. She also accuses the board of knowing that weapons, including the gun that was used to murder her son, were being brought onto the school campus.She is seeking over $50,000 in wrongful death damages.

Ivy’s slaying was gang-related and involved another boy approaching him and shooting him in the chest. Witnesses at the school have identified Ivy’s murderer as 15-year-old Devonte Smith.

Smith was arrested and charged as an adult for first degree murder in Ivy’s shooting death. Another 15-year-old was critically injured during the same altercation when he was beaten with a golf club.

Green, a former Crane High School student, says she was also shot during a gang altercation when she was studying there.

Schools, daycare centers, summer camps, and other institutions and organizations in charge of supervising children are required to exercise a duty of care to make sure that kids are not injured or hurt while under their watch. Failure to exercise that duty of care can be grounds for an Illinois premises liability case or a wrongful death lawsuit.

Reasons why a parent might decide to sue a school for personal injury to a son or daughter:

• Violent crimes
• Sexual assault
• Inadequate security
• Defective playground equipment
• Carbon monoxide exposure
• Food poisoning from contaminated foods
• Hazardous conditions on the premise that could cause serious injury

Mom sues Board of Ed after son killed outside Crane High School, Chicago Sun Times, March 10, 2009

Family sues CPS Board of Ed, ABC Local, March 10, 2009

Teen charged with murder in Crane shooting, ABC Local, March 9, 2008

Student fatally shot near West Side school, ABC Local, March 7, 2008

Related Web Resource:
Chicago Board of Education

According to the Chicago Department of Transportation, there were 56 pedestrian deaths that took place in the city in 2007—an increase from the 49 deaths the year before and the 48 fatalities in 2006. Reasons cited include a growth in the number of pedestrians in the US's fourth most walkable large city (according to Walk Score, for 2008), faulty signage, pavement marking problems, and construction projects.

According to CDOT spokesperson Brian Steele, 56 pedestrian deaths in a year averages out to about 1 fatality a week. He says one Chicago pedestrian death is one too many and affirmed the department's committed to changing motorist behavior.

According to the Illinois Department of Transportation, pedestrian deaths took place throughout Chicago. However, there were certain areas, such as the intersections at Madison Street, Lake Shore Drive, Ashland Avenue, and Stony Island Avenue where deadly pedestrian-related motor vehicle accidents appeared to happen in clusters.

Another pedestrian accident intersection “hot spot” is at Cicero Avenue and Chicago Avenue. Because there is an elementary school in the area, children are always crossing the street. There is also a Cook County run-health clinic as well as two CTA routes, the No. 54 Cicero Avenue bus and the No. 66 Chicago Avenue buses, which means more pedestrian and motor vehicle traffic.

In 2008, 29 calls were made about this busy intersection to 311. Complaints related to traffic issues, defective traffic street lights, requests for better street markings, and potholes. Although the city of Chicago has installed a red-light camera there, there were still two pedestrian deaths that occurred last year in separate accidents.

The CDOT says it wants to install “refuge islands” for pedestrians in the middle of roads as well as traffic circles in the middle of intersections in residential areas. The City of Chicago, which already has 133 red-light cameras in operation, intends to install another 50 cameras this year.

Steps People Can Take To Avoid Getting Hurt In A Chicago Pedestrian Accident:

• Cross the street where there is a visible crosswalk.
• Obey crosswalk signals.
• At night, wear clothing that makes you easy for drivers to spot.
• Don’t assume a vehicle will stop for you even if there is a red light.
• Make sure the motorists see you before you cross the street.
• Don’t walk while under the influence of alcohol or drugs.

Pedestrian deaths in Chicago are up despite safety measures, Chicago Tribune, March 10, 2009

How to Avoid Becoming a Pedestrian Accident Statistic

Related Web Resources:
Chicago Department of Transportation

America's Most Walkable Neighborhoods, Walk Score

Continue reading "Number of Chicago Pedestrian Deaths on the Rise" »

In Chicago, two Roseland Community Hospital intensive care patients died after becoming infected with acinetobacter, a bacterium that sometimes can be found in ICU’s. The two victims, who lived at the same Chicago nursing home, were both elderly and had a number of serious medical conditions. It is unclear whether the bacterial infection contributed to their deaths.

The outbreak, however, did infect 7 out of 10 patients at the intensive-care unit before it was contained. Officials at the Roseland Community Hospital and at the Chicago Department of Public Health are conducting an investigation to determine how to prevent future outbreaks.

According to Tim Hadac, the department’s spokesperson, acinetobacter infections are not uncommon in healthcare settings because it is a common bacterium known to appear around people with compromised immune systems—especially in places where there are very sick patients. Acinetobacter can be spread through contaminated surfaces, environmental exposures, and person-to-person contact. It can also be found on people’s skin and in soil and water.

Dr. Brad Spellberg, who is a member of the Antimicrobial Availability Task Force of the Infectious Diseases Society of America, says that Acinetobacter, which reportedly can become resistant to every existing antibiotic, is a growing problem in US hospitals.

Acinetobacter
While Acinetobacter does not pose a serious health risk to healthy people, the Centers for Disease Control and Prevention reports that an infection can lead to serious health complications for people who have weakened immune systems, chronic lung disease, diabetes, are on a ventilator, have open wounds, or are staying in hospitals for extended periods of time. An acinetobacter infection can lead to serious wound or blood infections, pneumonia, and may become a cause or death.

Chicago hospitals are supposed to make sure that hospitals are clean and sanitary and that there are no conditions at the facility that could cause a patient's health to deteriorate. Failure to exercise this duty of care could be grounds for a Chicago personal injury or wrongful death lawsuit.

2 Chicago hospital patients with bacterial infections die, Chicago Tribune, March 3, 2009

Overview of Drug-resistant Acinetobacter Infections in Healthcare Settings, CDC

Related Web Resources:
Roseland Community Hospital

Chicago Department of Public Health

Continue reading "Two Chicago Hospital Patients Die from Bacteria Infections " »

An Illinois jury has awarded a South Side woman who was seriously injured when a Metra train derailed in Chicago in September 2005 nearly $29.6 million. Renee Poppel was one of the dozens of people who got hurt when a Metra engineer drove a Rock Island Line Train at 69 mph through a 10 mph crossover. The train violently derailed close to 47th Street and the Dan Ryan Expressway. Two people died in the deadly Chicago train accident.

Poppel was three months pregnant at the time of the Illinois train derailment accident. She sustained serious injuries, including a traumatic brain injury, a broken neck, and a shattered pelvis. Her baby, Faith Victoria, survived the deadly derailment and doctors delivered her while Poppel was in a comma. Faith Victoria is now three years old and so far, she appears healthy.

Poppel’s Chicago train accident attorney says the award will cover lost wages, future earning, and medical expenses. Because of the accident, Poppel will never be able to work again. She also is confined to a wheelchair, has vision loss and difficulties speaking, and is unable to take care of her daughter or her 5-year-old son without outside help. The 28-year-old Chicago resident has already undergone 21 surgeries and could undergo three more to reconstruct her hand.

About 50% of the 70 Chicago train accident lawsuits demanding compensation from Metra for the catastrophic 2005 train accident have been settled. Last November, Metra said it would pay $11 million to the families of the two train passengers that died in the crash.

According to Metra and the National Transportation Safety Board, human error was the cause of the deadly train crash. Following the Chicago train accident, Engineer Michael Smith was fired for failing to pay attention to the signals and not slowing down the Metra train.

South Side woman awarded nearly $30M in Metra lawsuit, Southtown Star, February 28, 2009

Attorney details injuries, needs of woman injured in Metra crash, Chicago Tribune, February 19, 2009

Related Web Resources:
Metra to Pay Families of Two Chicago Train Accident Victims $11 Million for Wrongful Deaths, Law Offices of Steven J Malman & Associates, PC, November 13, 2008

Metra