Chicago Injury Attorney Blog

The estate of a Kane County woman who died in an Illinois pedestrian accident on Highway 31 on August 25 is suing an Elgin pickup driver for her wrongful death. Diane Bonitzer, a nurse from West Dundee, was 66.

According to the wrongful death lawsuit, Bonitzer was crossing the road at around 10 am when she struck by a 2007 Chevrolet Silverado driven by 31-year-old Francisco Rodriguez. Bonitzer sustained serious skull and traumatic brain injuries and died an hour after the Kane County pedestrian accident.

The complaint accuses Rodriguez of failing to pay attention, honk the horn, and drive safely. According to police reports, Rodriguez told them he did not see the 66-year-old pedestrian until after he turned onto the roadway. They cited him for failing to exercise due care and yield to a pedestrian. Rodriguez also paid a $300 fine. However, no criminal charges were filed against him.

Illinois Pedestrian Accident Cases
Even if the driver that struck you was not charged in criminal court, you still may be able to hold them accountable in civil court by suing them for Illinois personal injury compensation. If you win your case, the negligent driver will likely be ordered to pay damages for the harm that you have suffered, as well as your medical and recovery costs.

Getting hit by a car can prove catastrophic for the pedestrian, who may have sustained traumatic brain injuries, spinal cord injuries, organ damage, permanent disfigurement, and other serious injuries.

Common Causes of Chicago Pedestrian Accidents Caused by Negligent Motorists:

• Drunk driving
• Speeding
• Text messaging
• Talking on a cell phone
• Driver inexperience
• Poorly designed roads
• Auto defects
• Failure to obey traffic signs and traffic lights

Elgin driver who struck, killed West Dundee woman is sued, Chicago Tribune, January 8, 2010

Lawsuit filed in West Dundee pedestrian death, Illinois Daily Herald, January 6, 2010

Related Web Resources:
Pedestrians, NHTSA

CyberDriveIllinois

This week, Chicago police officers will take more aggressive steps to promote Illinois pedestrian safety. They will pose as pedestrians crossing the street at intersections without stop signs and traffic signals and issue tickets to driver who fail to yield the right-of-way to them. Violators could face fines of up to $500.

A number of high-profile crosswalk enforcement operations are scheduled to occur at Nagle and Peterson Avenues, at 86th Street and Commercial Avenue, at 119th Street and Stewart Avenue, at 103rd Street and South Prairie Avenue, and at 86th Street and Commercial Avenue. More crosswalk stings are expected to occur every week through September near schools, shopping areas, senior citizen centers, and other areas with known track records of pedestrian-auto crashes.

There are Illinois lawmakers who want to take an even tougher stance against motorists who don’t yield to pedestrians. Currently, there is legislation moving through the Illinois Senate mandating that drivers not only yield to pedestrians in crosswalks but actually stop their vehicles. The measure has already been passed in the House. The City of Chicago, the Illinois Association of Chiefs of Police, Access Living, and AARP Illinois are among those who support the ‘must stop’ bill.

According to recent National Highway Traffic Safety Administration pedestrian statistics, there are over 6,000 Illinois pedestrian-vehicle crashes that occur each year. Over the last three years, about 50% of these pedestrian accidents occured in Chicago.

The Illinois Department of Transportation reported 171 pedestrian deaths in the state in 2007. 98 of these deaths occurred in Chicago’s six counties, with 39 of them taking place in the city of Chicago. The Active Transportation Alliance says 40% of pedestrian-auto collisions that occurred in Chicago between 2005 and 2007 took place within 800 feet of schools, while another 30% occurred within 800 feet of parks.

CyberDriveIllinois.com lists a number of situations when a driver must yield the right-of-way to a pedestrian:

• Whenever a pedestrian is in an unmarked or marked crosswalk.
• When turning at an intersection.
• After stopping completely at a flashing red signal or a stop sign at an intersection.
• When making a legal turn on a red light.
• When a pedestrian is exiting or entering a highway or street from a building, an alley, a driveway, or a private road.
• When there are people walking or standing in work safety or highway construction zones.
• When a pedestrian is disabled.
• When a pedestrian steps into a crosswalk and the light has yet to change.
• When a pedestrian is walking in the crosswalk and the “walk” signal is flashing.

Police crosswalk stings will target drivers who don't yield to pedestrians, Chicago Tribune, April 20, 2009

Rules of the Road, CyberDriveIllinois.com

Related Web Resources:
Chicago Department of Transportation

National Highway Traffic Safety Administration

Continue reading "Chicago to Implement New Pedestrian Safety Initiatives Targeting Illinois Drivers Who Fail to Yield at Crosswalks" »

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 " »

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, the daughter of an 89-year-old man who died after he was hit by a taxi in the city’s North Side is suing cab driver Mac Grempong and the taxi’s owners, the Checker Cab Company and Abdulah Abukatab, for her father’s wrongful death. Minh Pham was crossing Sheridan Road at Ainslee Street on February 7 when he was hit by a taxi driven by Grempong.

Now, Nicole Lynn Roberts is seeking over $50,000 in damages. According to her Chicago wrongful death lawsuit, Grempong failed to keep a proper lookout and slow down the speed of his cab while driving toward and crossing an intersection. The Illinois civil complaint also accuses the Chicago cab driver of failing to yield the right of way to an elderly pedestrian and failing to warn Pham that he was approaching by sounding his horn.

The Chicago pedestrian accident occurred just one block from the elderly victim’s home. Chicago police cited Grempong for failing to exercise due care when there was a pedestrian on the road and for driving his taxi without insurance.

According to the National Highway Traffic Safety Administration:

• 903 of the 4,654 pedestrians that were injured in 2007 were over 65-years-old.
• 60% of elderly pedestrian deaths that year took place at non-intersections.

Many older people are more easily prone to pedestrian accidents because of poorer eyesight or hearing, slowed reflexes, walking difficulties, prescription medication that can cause drowsiness, and the tendency to fall more easily. It is important that Chicago drivers exercise caution when operating their vehicles around pedestrians to prevent such catastrophic Illinois traffic accidents from happening.

Daughter Sues Cab Company Over Fathers Death, WBBM.com, February 25, 2009

Street Smarts for Senior Pedestrians, Safety.com

Related Web Resources:
National Highway Traffic Safety Administration

Pedestrian Safety in Illinois

In Chicago on Wednesday night, a male pedestrian died after he was hit by a motor vehicle as he crossed the street close to South Wabash Avenue and East Roosevelt Road. According to Fire Media Affairs Director Larry Langford, the victim was in “extremely critical” condition when he was admitted John H. Stroger Jr. Hospital in Cook County, where he was later pronounced dead.

The driver of the car that struck the male pedestrian is 26-year-old Chicago resident Karl Riley. Police gave him a citation for striking a pedestrian in the roadway. Chicago police are investigating the cause of the Illinois pedestrian crash.

2007 NHTSA Pedestrian Accident Facts:

• There were 171 pedestrian deaths in Illinois.
• Nationally, 4,654 pedestrians died in traffic accidents.
• 70,000 pedestrians sustained injuries in traffic crashes.
• 73% of pedestrian deaths in the US took place in urban areas.
• 77% of pedestrian fatalities happened at non-intersections.
• 90% of pedestrian deaths occurred in normal weather conditions.
• 67% of fatal pedestrian accidents occurred at night.

Truckers, motorcyclists, and passenger car drivers are supposed to yield the right-of-way to pedestrians whether or not they are crossing the street in unmarked or marked crosswalks.

Steps that Illinois motorists can take to prevent pedestrian accidents:

• Pay attention to the road.
• Always check for pedestrians, even when you aren’t at a crosswalk or intersection.
• If necessary, honk your horn to warn pedestrians you are there.
• Make sure your motor vehicle is up-to-date on all maintenance.

Pedestrian killed in South Loop, Chicago Sun-Times, November 6, 2008

2007 Traffic Safety Fact Sheets, NHTSA

Pedestrian Programs, City of Chicago

Continue reading "Male Chicago Pedestrian Dies in Illinois Motor Vehicle Accident in the South Loop" »

In Chicago last Tuesday, 55-year-old pedestrian Johnny Bell was pronounced dead at the accident scene and two others were injured when a man allegedly lost control of his vehicle on Chicago’s West side, striking the pedestrian, another vehicle, and a bicyclist. The bicyclist was admitted to Mt. Sinai hospital with reportedly serious injuries. The third accident victim was admitted to West Suburban Medical Center in Oak Park.

The traffic accident occurred in the Garfield Park area at Pulaski Road and Madison Street. The driver of the vehicle, 37-year-old Danny Carter, was charged with two counts of aggravated driving under the influence, one count of reckless homicide, disobeying a red light, DUI, driving without insurance, driving left of center, and not giving a pedestrian proper care.

According to the National Highway Traffic Safety Administration, there were 4,654 pedestrian deaths in the US in 2007. The Web site CyberDriveIllinois.com reports that there were 164 pedestrian deaths in Illinois in 2005.

Steps that motorists can take to prevent Illinois pedestrian accidents:

• Obey traffic lights and traffic signs.
• Pay close attention when driving near schools or approaching crosswalks.
• Don’t speed.
• Don’t drive drunk.
• Make sure that all maintenance on your car is up-to-date.
• Don’t talk on the phone or text message while driving.

Driver Charged in Deadly Pedestrian Accident, WBBM780.com, August 13, 2008

Man charged in crash that killed pedestrian, injured 2 people, ChicagoTribune.com, August 12, 2008

Pedestrian Statistics, CyberDriveIllinois.com

Related Web Resources:

Illinois Department of Transportation

The 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured, Traffic Safety Facts, NHTSA (PDF)

Continue reading "Chicago Traffic Accident in Garfield Park Area Leaves One Pedestrian Dead and Two Others Injured" »

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" »