Chicago Injury Attorney Blog

According to the Illinois Department of Transportation, cell phone use while driving was a main cause of at least 1,357 motor vehicle accidents in the state in 2007 resulting in 351 injuries and eight deaths. Other behaviors exhibited by distracted drivers that can result in injury accidents include:

• Putting on make-up
• Knotting a necktie
• Reading a book

Now, Illinois officials and safety advocates are targeting drivers that neglect to focus when they are on the road. A new proposed offense of negligent vehicular homicide could lead to a $25,000 maximum fine, up to three years in prison, and a one-year driver’s license revocation if someone were convicted. Another proposal seeks to make text-messaging while driving Illegal in Illinois not just for drivers 18 years of age and under but also for adults.

Other new offenses proposed include:

• Negligent vehicular operation
• Aggravated negligent vehicular operation

Illinois Department of Transportation Traffic Safety Division Director Michael Stout says that stiffer penalties are necessary for when a seemingly inconsequential act by a distracted driver leads to serious injuries or deaths.

About 10% of all Illinois drivers use cell phones at any given moment while on the road. The National Highway Traffic Safety Administration says reaching for an item while driving increases chances of a motor vehicle crash by nine times and that driver distraction is a main cause of 80% of motor vehicle accidents.

State officials, safety groups want to increase penalties for distracted driving, Chicago Tribune.com, August 7, 2008

Driving while distracted, Chicago Tribune.com, August 12, 2008

Related Web Resources

2008 Rules of the Road, CyberDriveIllinois.com
Proposed Illinois Bill Would Ban Street-Crossers from Text-Messaging, ABA Journal, July 28, 2008

Continue reading "Illinois Department of Transportation Says Cell Phone Use While Driving Caused 1,357 Auto Accidents in 2007" »

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

Posted In: Automobile 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" »

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

Posted In: Automobile Accidents , Pedestrian Accidents

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In Illinois there are over 63,000 lawyers who can represent you. How do you choose the right lawyer for you? As a Chicago personal injury lawyer, I believe that with a little research you can find quality representation that will leave you feeling good about our legal system.

I feel that the most important characteristic in an attorney is experience handling the particular type of case that you have. For example, at Malman Law we represent the injured for automobile accidents, work injuries, nursing home abuse and neglect, slip and falls, medical malpractice and products liability. If you were injured in a car accident, many lawyers are happy to represent you. However, many of these attorneys are general practitioners or do not concentrate in injury law. They attempt to handle automobile accident cases because they think they are uncomplicated. Many lawyers are unaware of legal technicalities, insurance company policies, legal theories and case values. This can lead to long delays in your case or a poor result. Before you retain an attorney, confirm that he or she has handled many similar cases in the past.

Your lawyer should immediately able able to answer any of your legal questions concerning your case. We cannot give any guarantees or exact case values, but an experienced injury attorney has heard most questions many times and knows the answers. For example, if client was riding a bike and was injured in a hit and run collision, I know what to ask. First, I need to determine if the client has automobile insurance coverage. If he did, then the automobile insurance uninsured motorist provision would apply to a hit and run accident. If the client did not have any insurance, then I would inquire if you live with any relative who has automobile insurance. If the answer is yes, then that policy may also apply. Unfortunately, many lawyers are unaware of the available coverage contained in insurance policies. Only retain an attorney if he or she has answered all of your questions satisfactorily.

When you speak to an attorney, listen carefully to determine whether or not you can build a good working relationship with him or her. Some cases take several years to resolve and you will be speaking to your lawyer many times during the course of the case. Be sure that your personalities mesh.

Finally, confirm that your lawyer is licensed in Illinois and is in good standing. This process takes one minute and can save you from a nightmare.

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

Posted In: Automobile Accidents , Personal Injury

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Many people have the unfortunate experience of being involved in an automobile accident. In fact, in 2005 there were over 6,420,000 car accidents in the United States resulting in over 2,900,000 injuries. It is the leading cause of injury and death for people ages 3 to 33. Accordingly, at Malman Law we believe it is important to know what to do immediately after an accident to protect your rights. After an accident, we recommend doing the following:

First, seek medical treatment. Automobile collisions are traumatic and only trained medical personnel are qualified to diagnose your injuries. If you fail to seek immediate treatment an insurance company may later dispute the extent of your injuries based upon the lack of emergency medical care.

Second, preserve any evidence involved in the collision. Be sure to take photographs of your injuries, the vehicles involved and of the scene. Obtain witnesses names, addresses and telephone numbers. If you are unable to do this yourself, ask your spouse or a friend. This information may be invaluable to prove your case at a later date.

Third, do not give any statements or sign any papers. Insurance companies are notorious for taking statements in hospitals or at your home shortly after an accident. Insurance companies also often make very low cash offers to settle your case. Do not accept any offers until you have had an opportunity to think about the situation.

Finally, contact a lawyer. A lawyer is trained to determine your rights and is better qualified to determine the value of your case. Remember, the United States legal system works best when you stand up for your rights.

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

Posted In: Automobile Accidents , Personal Injury

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