Articles Posted in Car Accident

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While Illinois injury lawyers at our office are usually able to settle most claims out of court, sometimes insurance carriers are unreasonable and lawsuits need to be filed. Here are the facts of one case that is headed to Court in Cook County.

The claim arises out of a Chicago automobile collision which took place in December, 2010. Our client was injured when the automobile he was driving was hit head-on by a 2000 Chevy Impala driven by the defendant.

The plaintiff was driving eastbound on Grand Avenue in his 2008 Ford 250 approaching its intersection with Mulligan. The defendant was driving westbound on Grand, approaching its intersection with Mulligan.

As our client was driving straight and had the right-of-way, he proceeded into the intersection at Mulligan. The Chevy driver failed to yield the right-of-way and turned left, hitting the front of the plaintiff’s vehicle with the front passenger’s side of his vehicle. The force of the impact was so great that it pushed the Ford off the road and into a parked car.

The Chicago Police Department responded to the scene of the collision. After speaking with both parties, the police determined the collision was the result of the other driver’s failure to yield the right of way. They ticketed the negligent driver.

Following the collision, our client had an immediate onset of neck, back and head pain.

Shortly after the crash he sought medical treatment from a doctor. Our client complained of pain in his back, neck and head as well as pain in his knee. A history was taken and he was examined. Upon exam, he had paraspinal tenderness that was most severe at L4-S1, left knee pain and limited range of motion in his left knee. The physician diagnosed him with bursitis, contusion, and a knee injury, prescribed him pain medication, and instructed him to follow up as needed.

Due to ongoing and increasing pain, he sought follow up medical care with another doctor on December 22, 2010. At that time, he continued to complain of neck pain, headaches, and back pain. A history was taken and he was examined, revealing tenderness to palpation over C1-7, T1-12, L1-S1 and bilateral sacroiliac joints, tenderness to palpation over the bilateral trapezius muscles and the occipital region of the head. The physician noted subluxations throughout his cervical, thoracic and lumbar spine as well as muscle spasms along the spine, severe at the cervical level. His range of motion was limited in his cervical and lumbar spine. He ordered x-rays of our client’s cervical and lumbar spine, which revealed a loss of normal cervical lordosis and pelvic and sacral unleveling.

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Illinois auto accident attorney Gary Annes has resolved a case for a Chicagoan injured by a hit-and-run driver.

This claim arises out of a collision which took place on May 4, 2011, at approximately 8:00 p.m. The plaintiff was injured when the automobile he was driving was rear-ended by a 2001 Chevy pickup.

Our client was driving southbound on Clark Street in Chicago, Illinois. The at fault driver was also driving southbound on Clark Street, behind the plaintiff. He stopped for a red light at Clark’s intersection with Jackson Boulevard. The defendant failed to stop and/or reduce the speed of the vehicle he was driving, and struck our client’s 1997 Acura RL. The front-end of the Chevy hit the rear-end of the Acura.

After the collision the defendant fled the scene of the accident and drove westbound down Jackson, a one-way street with eastbound-only traffic. He was caught by police soon after.

The Chicago Police Department responded to the scene of the collision. After speaking to parties and witnesses, the investigating officer placed the hit and run driver at fault for the collision. The responding officer determined that the Chevy driver operated his vehicle in an erratic, reckless, careless, negligent or aggressive manner and was exceeding the authorized speed limit.

The defendant failed to keep a proper lookout, failed to stop and/or reduce his speed to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area.

Surprisingly, the defendant was insured with the Hartford. In my experience as an injury lawyer, nine out of ten drivers that flee the scene of the accident are uninsured. Here, not only did the defendant have insurance, he had a policy with a highly rated company. Why he left the scene is unknown, and drugs and/or alcohol did not play a role.

Following the collision, our client had an immediate onset of neck, back, and shoulder pain. Shortly thereafter, he sought treatment at Provident Hospital of Cook County’s Emergency Department. Upon arrival at the Emergency Department, a history was taken, he was examined, and diagnostic tests were performed, including x-rays of his lumbosacral spine and a CT scan of his cervical spine. He complained of back, shoulder and neck pain, made worse with turning his head from side to side. He was diagnosed with neck sprain/strain and contusion. He was prescribed pain medication and instructed to seek follow up treatment.

Due to ongoing pain, the plaintiff sought treatment with a physician in downtown Chicago on May 10, 2011. There he complained of pain in his neck, shoulder, right elbow, and lower back. A history was taken and a physical exam was performed, which found pain on palpation of both supraspinatus muscles, pain in the right elbow and forearm, and tenderness on palpation of the lower back. He was diagnosed with a sprain/strain of the cervical and lumbar spine and contusion of the right elbow. His doctor prescribed pain medication, physical therapy, and ordered an x-ray of his right elbow.

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According to Market Watch, Chicago has been ranked as the number one most popular destination in the U.S. for St. Patrick’s Day. Unfortunately, risks for drunk driving car accidents in Chicago are some of the highest during this Irish holiday, too.In Chicago, we’ve got everything from the green Chicago River and parties from River West to Wrigleyville. Whatever is on your St. Patrick’s Day agenda, just make sure it’s not drinking and driving.

Our Chicago injury lawyers understand that finding alternative transportation is getting easier and easier by the day. Now we have smartphones that can help us to stay safe on St. Patrick’s Day. As a matter of fact, the Orbitz Hotels smartphone app is working with Mothers Against Drunk Driving (MADD) to make it easier than ever to snag a hotel room at a cheap price to help to avoid drunk driving accidents this St. Patrick’s Day weekend. For every iPad or iPhone download of the app over the weekend, Orbitz will donate $1 to MADD.

“Why risk getting on the road when you have such a safe and easy option right at your fingertips?” said Jeanenne Tornatore, Orbitz.com Senior Travel Editor.

Jan Withers, the National President of MADD, says that the organization encourages people to plan ahead for the big holiday. She recommends that those celebrating the holiday choose to stay home or to stay the night somewhere whenever alcohol is involved. Getting behind the wheel after consuming alcohol should never be a part of your party plans.

According to the Illinois State Police (ISP), there are hundreds of people who die every year in the state because of drinking and drugged driving. There are hundreds more that are severely injured or permanently disabled because of these needless accidents. These accidents cost millions in property damage, too. What’s worse is that these kinds of accidents are completely preventable!

Troopers with the ISP would like to remind you that they practice a Zero Tolerance Law. This not only means that they’re going to be tough on of-age drivers, but they’re also going to be targeting influenced drivers who aren’t 21 yet. This means that minors can have their driving privileges suspended even if they’re not intoxicated at the .08 level, but if their blood alcohol level (BAC) comes back anywhere between .01 and .07.

Drivers are asked not to rely on the luck of the Irish during this year’s St. Patrick’s Day celebrations. Remember to designate a sober driver before you head out and start consuming green beer, or any color beer for that matter. You should also keep an eye on your friends and family members, too. Whatever you do, make sure that neither you nor anyone else gets behind the wheel of a motor vehicle after drinking. It could wind up to be a bad decision that ends your life.
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An Illinois auto accident lawyer at our firm, working with co-counsel, recently filed a lawsuit on behalf of two Chicago residents who were injured in December, 2010.

The plaintiffs, a driver and a passenger, were rear-ended by a vehicle driven by a negligent driver. The clients were traveling in a 2005 Range Rover southbound on I-90. The at fault driver was operating his 2002 Chevy Impala southbound on I-90, behind the plaintiff’s vehicle.

The plaintiff’s automobile stopped for traffic ahead of it. The defendant failed to stop and/or reduce the speed of his vehicle he was driving, and struck the Range Rover from the rear. The force of the initial impact propelled the plaintiff’s vehicle to the right off of the roadway, striking a concrete wall, which was adjacent to the right lane of traffic.

The Illinois State Police responded to the scene of the accident. Their investigation placed the defendant at fault for the accident.

Our lawsuit alleges the defendant failed to keep a proper lookout, failed to stop and/or reduce the speed of his vehicle to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area, including our clients.

Following the collision, the plaintiff who was a passenger had an immediate onset of neck pain, back pain and left shoulder pain. Shortly after the collision, she sought medical treatment at Our Lady of the Resurrection Hospital’s Emergency Department. There, she initially complained of neck pain, back pain, and left shoulder pain. A history was taken and a physical examination was performed. She was diagnosed with musculoskeletal pain and a muscle strain. She was prescribed pain medication and instructed to follow up with a physician.

Over the next couple weeks, the plaintiff’s pain increased significantly. She sought follow up medical treatment from a medical doctor. She complained of neck pain, and back pain. A history was taken and an examination was performed. The physical examination revealed tenderness in the paracervical muscles and left trapezius muscle, as well as pain and muscle spasm on palpation of the lumbar area. The physician diagnosed her with a cervical spine sprain/strain and lumbar spine sprain/strain. The doctor ordered x-rays of her cervical spine and lumbar spine, prescribed pain medication and recommended that she begin additional physical therapy.

Per the doctor’s recommendation, she began an additional course of physical therapy on December 21, 2010. She attended twenty (20) sessions of physical therapy which ended on March 11, 2011.

She obtained x-rays of her cervical spine and lumbar spine. The cervical spine x-ray revealed straightening of the normal lordotic curvature.

On January 4, 2011, the plaintiff returned to her docotr for follow up treatment. A physical examination revealed pain on palpation of the paracervical muscles, right trapezius muscles, and back muscles. At that time, her physician instructed her to continue physical therapy and pain medication.

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An Illinois personal injury attorney at Abels & Annes has resolved a case for a $25,000. The claim arises out of an automobile collision which took place on September 13, 2011 at approximately 12:02 p.m. at or near 2701 South Harlem in Berwyn, Illinois. Our client was injured when the automobile she was driving was hit by a vehicle driven by the defendant.

The plaintiff was driving northbound on South Harlem at approximately 25 miles per hour. The defendant was driving behind our client on northbound South Harlem. At that time defendant, who was traveling too fast, rear-ended the plaintiff.

The Berwyn Police Department responded to the scene of the collision. After speaking to both parties, the responding officer determined the defendant was at fault for the collision and issued him a citation for driving too fast for conditions.

Based upon the facts and circumstances surrounding the occurrence at issue, we argued to the defendant’s insurance carrier that it was clear that the sole proximate cause of the collision was the negligent conduct of their insured.

Our client sought treatment from Rush Oak Park Hospital‘s Emergency Department immediately after the collision. A history was taken, she was examined, and diagnostic tests were performed. She complained of pain in her lower back that was worse with bending as well as bilateral knee pain. On exam, she had tenderness on palpation of her right lumbar paraspinal area. She was diagnosed with lumbar spine sprain/strain, pain in her lower legs, muscle spasms in her back, and trapezius strain. She received prescriptions for pain medications and muscle relaxants and was ordered off work.

Due to ongoing and increasing pain, the plaintiff sought follow up treatment with a medical doctor on September 15, 2011. At that time, she continued to complain of lower back pain that radiated to both of her legs. Her pain was constant and severe and it ranged from sharp to stabbing to aching. Her pain interfered with her sleeping, often waking her in the middle of the night. The pain prevented her from engaging in activities of daily life and severely limited those activities she could engaged in. Additionally, her pain was worse with pushing and lifting heavy objects, walking, sitting, or standing for long periods of time, and bending forward.

The physician took a history and examined her. She had tenderness and spasms from L2-L5 bilaterally as well as difficulty squatting and while walking heel to toe. She had limited range of motion in her thoracholumbar spine because of the extreme pain she experienced. The doctor diagnosed our client with lower back pain with a radicular component at L5-S1, myofacial pain syndrome, and lumbar strain and sprain.

The physician noted that she had an underlying degenerative condition in her back that was asymptomatic before her injury. In his medical opinion, the automobile collision aggravated her underlying condition and necessitated treatment. He instructed the plaintiff to continue taking her medications, undergo a lumbar MRI, refrain from lifting and/or pushing objects heavier than 15 pounds, and remain off work.

Pursuant to the doctor’s orders, our client underwent an MRI of her lumbar spine on September 16, 2011. The MRI revealed low back injuries.

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Kevin Conway, a popular NASCAR driver, was in Florida for this year’s Daytona 500 when he received an e-mail that said officers had finally made an arrest for the hit-and-run car accident in Naperville that killed a woman back in 2008. He was notified that the driver had finally turned himself in. He turned himself in with help from Conway.

“To get that e-mail this morning was an awesome way to start the racing season,” said Conway.Our Chicago car accident attorneys understand that the hit-and-run driver showed up at the victim’s sister’s house in Joliet and admitted to being the man they had been looking for since the 2008 accident. The hit-and-run driver admitted to seeing reports about the young girl’s death on TV and in newspapers across the state. He even said that he saw Conway’s car in the nationally televised race at Chicagoland Speedway in Joliet and saw the featured photo of the girl he hit and killed years before. The message on Conway’s car pleaded for info regarding the hit-and-run driver.

According to the Chicago Sun-Times, Conway, the driver of the Nemco Motorsports racing team featured a missing persons ad on the back of his vehicle back in 2011. The ad was used to connect local communities supporting the event with NASCAR fans nationwide.

Conway says that there are so many fans across the nation, there are millions watching on television and thousands at the track. He felt that his car was an effective medium to help form a bond between NASCAR and the community and help to find this driver. That bond was successful. Just months after the race, he received the e-mail. The hit-and-run driver had finally turned himself in, four years after the accident.

After four years, the man involved in this hit-and-run accident has been charged and is currently sitting in jail with a $1 million bond.

What’s odd is that the hit-and-run driver didn’t turn himself into the police, but he showed up at the victim’s family’s house. Once he arrived, he rang the doorbell and said he had to speak with the victim’s sister. They invited him inside their home. They sat around the kitchen table and listened to the man’s confession.

He has now been charged in Will County with leaving the scene of an accident involving death.

According to AAA, drivers leave the scene of an accident for a number of reasons. They typically leave because they aren’t properly licensed, they’re drunk behind the wheel, they’re fighting immigration issues, they don’t have the proper insurance to cover the damages, they’re wanted for another crime, etc.

Whatever the cause, attorneys at our office are very aware of the ongoing problem, as we receive phone calls about hit-and-run accidents on a regular basis. When this type of accident occurs the offending driver is usually not located. In this situation, car crash attorneys from our office will pursue an uninsured motorist claim against our client’s own auto insurance policy.

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On our Chicago Car Accident Lawyers Blog we recently discussed the dangers that teenage drivers face during their first few years of driving. We’ve talked about the influence that parental supervision and teenage passengers had on their driving habits. Teens often underestimate the risks on our roadways. What a new study from the Governors Highway Safety Administration (GHSA) recently found is that some of our state’s teen driving education techniques may be working. Other states were not as fortunate.After concluding the study, Dr. Allan Williams, former chief scientist at the Insurance Institute for Highway Safety, determined that fatal teen car accidents nationwide increased during the first six months of 2011 by more than 10 percent. Dr. Williams looked at the teen car accident fatality rates for each state during this time and concluded that fatalities among 16-year-old drivers increased from 80 to 93, while the number of driver fatalities among those who were 17-years-old went from 110 to 118. That’s a combined increase of more than 10 percent. Luckily, there were 19 states that saw decreases in these numbers and eight states that stayed the same. But some states saw overwhelming increases.

Chicago car accident attorneys understand the risks that teens face behind the wheel. As with learning any new activity, it takes time. Parents need to be there for their newly-licensed drivers to help to push the state’s graduated driver’s licensing (GDL) rules. According to the Insurance Institute for Highway Safety (IIHS), drivers who are 15-years-old can’t move to the next stage of licensing until they’re at least 16-years-old. During this time, they’re required to complete 50 hours of supervised driving time, 10 which must be completed at night. Parents are urged to ride along with teen drivers for more than the recommended 50 hours. Parental supervision may be one of the best ways to help prepare our young drivers for the dangers lurking on our roadways.

Illinois was singled out in this report. The GHSA report states that “one of the most successful examples of this collaboration has been in Illinois. The state developed Operation Teen Safe Driving with support from the Allstate Foundation and the Ford Driving Skills for Life program. Operation Teen Safe Driving addresses the major reasons teens are killed in crashes, including speeding, distracted driving and lack of seat belt use. The program provides materials and seed funding to schools across the state to develop peer-led activities that are thought to have contributed to the subsequent reductions in teen fatalities in Illinois.”

When a driver gets their restricted or intermediate license (when they’re at least 16), they are not allowed to drive after 10 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday. They are allowed back on the road starting at 6 a.m. They are also not allowed to have more than one passenger with them in the car under the age of 20 during the first year of this licensing.

Dr. Williams says there are a couple factors that can be credited with this nationwide increase. The first, he said, is that the benefits seen by some GDL programs may be leveling off because the laws have been in place for some time now. Secondly, he says that the improving economy may be calling more teen drivers to the roadways, increasing their risks.

“While it is not a surprise that these numbers are stabilizing or slightly increasing, states should not accept these deaths as something that can’t be prevented. More work can and should be done to save teen lives.” said Dr. Williams.
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Our Chicago car accident attorneys sometimes just wonder how some people got their driver’s licenses. This is especially true when you an encounter a driver who allows their emotions get the best of them behind the wheel. We’re talking about road rage. It’s a factor in many car accidents in Chicago and elsewhere.Take the case of the recent accident in Madison County. Six people were injured — all because of road rage. According to the Illinois State Police, two people in an SUV were arguing with one another at approximately 3 a.m. As they were heading down Interstate 55/70 by Illinois 111, one of the passengers decided that she wanted to fight the driver on the side of the road. The passenger jerked her wheel to the right. When her vehicle left the roadway the driver over-corrected. That’s when the SUV slammed into a passenger vehicle and another SUV. It started a chain reaction. A pickup truck then slammed into the passenger car, according to BND.

Two of the passengers in the first SUV were transported to St. Louis University Hospital. That initial aggression resulted in injury to innocent motorists. The two people in the passenger car were unconscious when they were taken to the hospital. After the accident happened, the driver of the first SUV was arrested on charges of driving under the influence of alcohol.

We usually report about road rage incidents in which the driver is the culprit. But as this incident clearly shows, passengers can play a role in these scenarios as well. According to RoadRagers.com, road rage is when someone participates in deliberately dangerous and violent behavior while operating a motor vehicle. Road rage can happen when someone is hit, whether by hand, another object or by motor vehicle, or when a weapon is fired from the vehicle. Road rage can be seen as a violation of property rights and an endangerment of personal security. When someone engages in road rage and it involves personal or property damage, it becomes a criminal offense.

Road rage can mean leaving your vehicle to kick, hit, knock or yell insults to another person. It can be caused by a number of events or environmental factors. Often, it’s caused by territorial defensiveness.

Drivers need to check their tempers behind the wheel. There may not be much you can do to control other drivers, but luckily, there are tips that can help you to avoid becoming the victim of road rage.

Avoid an Enraged Driver:

-Avoid making eye contact.

-Don’t switch to aggressive driving habits. Continue normally and avoid sudden accelerations, braking, swerving, etc.

-If you think you’re being followed, drive to the closest police station or busy place to get help.

-Lock your doors and roll up your windows.

-When forced to stop in traffic, leave enough space between you and the vehicle in front of you so that you can escape if needed.

-If someone you don’t know gets into your car, honk your horn or personal alarm to attract attention.

-Never fight back.

-Never respond to hand gestures, etc.

According to the National Highway Traffic Safety Administration (NHTSA), road rage “involves a criminal act of violence, whereas aggressive driving can range from tailgating to speeding to running red lights.”
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There’s no need to go to the video arcade any more. Drivers can sit in their car and get pretty much the same experience with the plethora of gadgets, lights, sounds and video-game-like features. What we’re talking about are all the advancements of in-car technology. While most of these devices were designed to help ease the dangers of driving, experts are saying that in-car technologies are taking way too much driver attention off of our roadways and are actually making our roadways more dangerous for everyone.Now, the National Highway Traffic Safety Administration (NHTSA) is asking car makers to chill out with the in-car electronics to reduce driver distractions and to reduce the risks of car accidents in Illinois and elsewhere, according to the Chicago Tribune. The NHTSA is asking that all of these devices in SUVs and passenger vehicles be disabled while the car is in drive. Emergency warning systems would be exempt in the new proposal.

Our Chicago auto accident attorneys have these devices in our cars, too. Just like you, we have GPS devices and other technologies that are meant to simplify driving. Unfortunately drivers are easing up a little bit too much behind the wheel, and taking too much of their focus and attention off the road. It’s still just as important as ever to keep our full attention on the roadway and our surroundings. Driver awareness is still the number one defense against a car accident.

Under the NHTSA’s proposal, they’re asking car makers to voluntarily follow their new guidelines. These new guidelines ask carmakers to stop these devices from being used when the car is in drive. The point of this proposal is to get driver’s eyes off of these distractions and back onto the road. Drivers would still be allowed to operate in-car devices when the car is stopped and in park.

“The guidelines we’re proposing would offer real-world guidance to automakers to help them develop electronic devices that provide features consumers want without disrupting a driver’s attention or sacrificing safety,” said NHTSA Administrator David Strickland.

The auto industry has been following its own guidelines for in-car technologies since 2002. The NHTSA is hoping to strengthen the current guidelines.

Gloria Bergquist with the Alliance of Automobile Manufacturers said that it’s not uncommon to see drivers have conversations, listen to music and look at road maps when they’re behind the wheel. The newer in-car technology helps drivers to do this in a hands-free way that allows drivers to keep their focus on the road.

Strickland agrees, saying that drivers are going to do this stuff anyway. You might as well find a way to do it as safely as possible.
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A full ban on cell phones for Illinois motorists could be on the way, as part of an effort to prevent Chicago car accidents.

Lawmakers in the Illinois House of Representatives are currently haggling over a bill that would eliminate the use of handheld cell phones while driving, except in the instance of an emergency.


Our Chicago car accident attorneys are aware that distracted driving is a leading cause of thousands of fatal crashes in the country every year. In fact, about half of all drivers on the road at any given time are said to be distracted, according to the Governors’ Highway Safety Association.

As of today, the GHSA reports there are 9 states, as well as Washington D.C. and the Virgin Islands, which have laws banning all motorists from using handheld phones while driving. Of those, in all except for one (Maryland), the offense is considered primary, meaning an officer can stop you solely for talking on your handheld phone while driving.

While there aren’t any states that currently ban all cell phone use, including hands-free devices, there are restrictions against new drivers in 30 states (including Illinois), as well as Washington D.C. Additionally, school bus drivers in 19 states have to stay off their phones while students are on board.

The current bill is being considered by the Illinois legislature.

State Representative John D’Amico of Chicago was quoted by Chicago media outlets as saying it is a work in progress. He admits there is a vocal opposition, but he added that lawmakers faced similar outcry when enacting ban on texting and driving. That law already bans cell phone use for drivers under the age of 19. This new law would extend the latter part of the law to include everyone.

Even cell phone companies are in favor of the bill, as evidenced by a lobbyist who spoke at a recent committee meeting in Chicago. Still, the lobbyist did add there are other distractions of which drivers need to be mindful. He cited the time he had been rear-ended by a woman who turned around to talk to her children.

The bill wouldn’t be anything new for Chicagoans – local leaders already enacted a law banning cell phone use behind the wheel within city limits.

As the Chicago Tribune reports, though, there would be one major difference if the statewide law goes into effect. The citywide ban comes with a penalty of a ticket, where a driver who breaks the law would have to pay a fine. In the statewide bill, as it is currently written, a violation would be considered a moving offense, akin to a speeding ticket or running a red light. That means violators would rack up points on their licenses – or even lose their licenses – in addition to paying heavy fines, generally between $75 to $150 for people caught red-handed more than once.

D’Amico said the penalties may seem harsh, but he and other lawmakers wanted to ensure that motorists took heed. He worried it might not be effective and fewer people would be deterred if there were no serious consequences.

What the new law wouldn’t impede is drivers using hands-free or Bluetooth devices, which would allow drivers the opportunity to keep both hands on the wheel, and eyes on the road.

D’Amico reiterated that he’s not insisting everyone in Illinois discontinue their conversation, but he does want everyone to get to their destination safely.
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