The Illinois Injury Lawyers at Abels & Annes have reached a truck accident settlement on behalf of a client who was rear-ended on the highway due to the inattentiveness of a truck driver. The woman sustained several injuries to her neck and back that required medical care.

On May 25, 2010, the woman was driving northbound on I-55 through Bolingbrook, Illinois when a commercial Freightliner semi slammed into her 2008 Honda Accord as she reduced her speed to match traffic conditions. The Illinois State Police responded to the accident and conducted an investigation which placed the truck driver at fault. The report stated the driver had failed to exercise due care by reducing his excessive speed because he was admittedly not paying attention.

Unfortunately, the victim had an immediate onset of neck pain, and was transported by ambulance from the scene of the crash to the Emergency Department at Adventist Bolingbrook Hospital for examination. Upon her arrival, doctors performed a host of diagnostic tests and x-rays to determine the source of her substantial pain, and she was diagnosed with a cervical strain and cervicalgia. The doctors prescribed pain medication and instructed her to seek treatment if her pain continued. The pain did not subside, however, and she was forced to seek further medical attention for her low back pain, muscle spasms, and a radiating pain in her left shoulder caused by the pain in her neck.

She was then treated at a chiropractic office in the Chicago area where she was diagnosed with cervical and lumbar sprian/strain, myalgia, and muscle spasms. Her treatment plan consisted of conservative chiropractic spinal correction and manipulation therapy, and physical therapy. She required 16 separate session of chiropractic treatment before she was finally discharged.

A lawyer at our office negotiated a $12,000 settlement without having to file a lawsuit, saving our client the cost of litigation.

Accidents between cars and commercial trucks happen fairly frequently on highways, and the attorneys at Abels & Annes settled another case recently involving an inattentive truck driver colliding with a passenger vehicle.

On October 20, 2010, a man and his passenger were traveling in the right lane going east on I-80 when a commercial tractor-trailer merged into their lane and collided with their 1994 Pontiac Bonneville. The truck’s front bumper struck the driver’s side door of victim’s automobile, causing the car to fishtail out of control before coming to a rest on the opposite side of the highway.

The Illinois State Police Department’s investigation determined that the truck driver was at fault for the incident. They cited him for an improper lane change, as he was traveling at an excessive speed for the conditions and failed to exercise due care in ascertaining whether a lane change could be made safely. The driver admitted that he did not see the victim until after contact had been made.

Shortly after the collision, our client began to experience stiffness and radiating pain in his left leg due to back pains sustained in the crash. The increasing pain forced him to seek medical treatment at St. James Hospital where various tests were administered. The x-rays showed a significant decrease in vertebral body between C3 and C4 and he was diagnosed with a sciatica on his left side, a neck sprain/strain, and a muscle strain/sprain.

After the prescribed pain medication did not improve his condition, the victim sought treatment from a neurologist for his neck and back pain, as well as pain and a limited range of motion in his left shoulder. The doctor noticed a bruising on his left shoulder and had the impression that he had suffered a sacroiliac and lumbosacral strain.

On December 21, 2010, the victim returned to the doctor and indicated he was still having pain and limitations in his lumbar spine region. The doctor recommended that he continue physical therapy and return in a month. He was discharged by the doctor on February 1, 2011 after completing 12 sessions of physical therapy at a chiropractic office.

The Illinois Injury Lawyers at Abels & Annes negotiated a $13,500 settlement pre-litigation, once again saving our client court costs.

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In light of the Department of Transportation Commissioner’s pronouncement in the Chicago Journal that he wants to make the city one of the most bike-friendly in the nation, a local blogger has requested he take a hard look at what he calls one of the most dangerous places for bicycle accidents in the city – the lakefront trail.

The Urban Cyclist, as he is known on his blog of the same name, said he was shocked to learn that the city’s $45 million Navy Pier Flyover plan would actually constrict the bike path at certain points, even though it is in desperate need of expansion. As a daily bicycle commuter, he has escaped serious injury in accidents with cars, cabs, and other cyclists, but an inattentive jogger on the lakefront trail left him with permanent scars on his hands.

He says the trail is basically an overcrowded highway for non-engine vehicles. Cyclists and bladers are intermingled with dog-walkers, their unpredictable pets, grandparents mindlessly walking grandkids, and various other outdoor enthusiasts who have no other option but to crowd together on the congested path.

Six traffic violations were handed to an 82-year-old woman accused of causing a serious car vs. pedestrian accident in Chicago this past weekend. The woman was allegedly driving the wrong way on the Magnificent Mile and struck two pedestrians, according to the Chicago Tribune.

The woman was cited for driving over the median, negligent driving, disobeying a red light and for striking the pedestrians in a crosswalk, according to Chicago Police Officer John Mirabelli.It’s a part of life. One day we’re all going experience a loss in eyesight, hearing and hand-eye coordination. Many of us will fight these aging symptoms. It is important to keep an eye on our parents, grandparents and other elderly loved ones to make sure that our friends and family members are not facing increased risks of being involved in a serious car accident. Our Illinois car accident attorneys encourage all residents to speak with their parents about aging and driving. It may be tough and you may not want to do it, but it’s important.

Police have yet to determine why the woman was driving the wrong direction when the accident happened. The pedestrians were injured just after 5:00 p.m. Friday evening. Both were taken to the hospital, according to Huffpost Chicago.

Currently, elderly drivers account for about 20 percent of all motorists on U.S. roadways, according to the Government Accountability Office. That number isn’t expected to shrink any time soon. Those who make up the first wave of the baby-boom generation celebrated their 65th birthdays this year.

“The number of older drivers on the road is definitely a concern, and their number can’t help but increase in the years ahead, due to the aging of the population,” said Lisa D’Ambrosio, a research scientist at the MIT AgeLab.

If you’re worried about your parents driving abilities, you’re not alone. The Hartford and the Massachusetts Institute of Technology’s AgeLab, reports that nearly 1 out of every 10 adults are concerned about an older family member’s driving.

An Insurance Institute for Highway Safety (IIHS) study determined the following about drivers and intersection accidents:

-Nearly 60 percent of drivers 80-years-old and older neglect to yield at intersections.

-Nearly 40 precent of those age 70- to 79-years-old fail to yield at intersections.

-Only 26 percent of drivers that are age 35- to 54-year-old don’t yield at stop signs.

“We know that having that first conversation with an older parent is going to be a difficult one, because driving is so intrinsic to our sense of independence and autonomy,” said D’Ambrosio. “So many of us are dependent on driving, especially in regions where public transportation does not exist, or is inconvenient, or runs irregularly. There is also a concern about what the transportation alternatives might be if an older person has to stop driving.”

Should you ask your parent turn in their keys for good. MSN recommends you ask yourself these question. Yes answers means you should talk with you parent:

-Have they suffered a stroke, heart attack or diminished eyesight?

-Have they experienced any difficulty negotiating sharp turns and intersections?

-Do they hesitate over right-of-way decisions?

-Are they oftentimes surprised by the sudden presence of other vehicles or pedestrians?

-Are they getting lost on familiar routes?

We understand that talking with your loved ones about when they need to stop driving may be hard on you, but it is important that you do this for their safety. If you avoid the conversation, you’re only putting them at an increased risk for experiencing a car accident that could potentially end their life prematurely.
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Two women have been killed in separate Chicago area car crashes this month, with alleged DUI drivers being responsible for both accidents.

On July 3, a 39-year old Carol Stream man was driving in the early hours of the morning with a 30-year old woman when he failed to stop at a train crossing in Itasca, Illinois, drove through the lowered gate, and struck the engine of a passing train. According to the Chicago Tribune, the man had a blood-alcohol content of .183, more than twice the legal limit of .08. His passenger died of her injuries soon after the crash.

The man has been charged with aggravated driving under the influence of alcohol, and is being held on $500,000 bail.

A week later, a 43-year old woman returning home from her job as a 911 dispatcher when a 16-year old driver, who was drunk and high on drugs, plowed into her car. According to the Chicago Sun-Times, the young driver, who was an honors student and two-sport athlete at his high school, was being pursued by police at the time of the accident.

The youth had just left a party near Old Town, where he got “drunk and high,” when he saw a man leave his SUV idling on North Michigan Avenue while he went to pay for parking. The youth stole the car and fled police after they attempted to pull him over after he ran a red light. During the pursuit, the youth ran a stop sign at the intersection of Armitage and Hoyne Avenues in Bucktown and hit the 911 dispatcher, causing her to careen into a fire hydrant. The youth escaped on foot, but was soon apprehended. Police say the teen had a blood-alcohol content of .186 and was also high on marijuana and ecstasy at the time of the crash.

The youth has been charged as an adult with first-degree murder, felony burglary, misdemeanor DUI, and two traffic citations. His bond is set at $1 million.

Drunk driving is incredibly dangerous for drivers, passengers, and pedestrians alike. Each year, thousands of innocent people are killed in alcohol-related crashes. A brief look government statistics from 2009 illustrate this grim reality:

• Out of the 33,808 driving fatalities nationwide, 10,839 of them were alcohol-impaired driving fatalities (32%) – That is roughly 1 every 48 minutes
• 1,077 teens died drunk driving crashes

• 70% of drivers involved in fatal drunk driving crashes had blood-alcohol levels above .15, and the median level was .17
• 44% of the drivers involved in fatal crashes had at least 1 prior DWI conviction
• 1.4 million people were arrested for driving under the influence of drugs or alcohol
• Out of the 911 driving fatalities in Illinois, 319 of them were alcohol-impaired driving fatalities (35%)

Sources:
2009 NHTSA Traffic Report
NHTSA Fatality Analysis Reporting System (FARS)
2009 Century Counsel Report- Drunk Driving Fatalities in America
CDC Stat sheet

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A fatal Illinois auto accident that occurred early Sunday morning in Chicago’s Bucktown neighborhood has resulted in a 16-year-old minor being charged with first-degree murder, the Chicago Sun-Times is reporting. The teenager crashed a stolen Range Rover while being chased by police, striking and killing a Chicago 911 dispatcher who was driving home from work.

The minor is being charged as an adult with first-degree murder, burglary, DUI, failing to stop at a red light, and disobeying a stop sign. The teen’s name is not being released.

The tragic incident started when officers conducted a traffic stop at the intersection of W. Blackhawk St. and Elston Avenue around 6:15 AM for a red light violation occurred at Elston and Webster. When police got out of their vehicle, the driver reversed towards the officers and hit a police supervisor’s vehicle.

Chicago police then pursued the Range Rover, which was a stolen vehicle that is owned by a resident of Bellwood, Illinois. The driver sped north on Elston, then turned onto W. Cortland St., turned north on N. Ashland Ave., and next went west on Armitage to Damen Avenue.

The driver made a few more turns and then collided the victim when he disregarded the stop sign at North Hoyne Avenue and Armitage. The police chase lasted between 1.5 to 2 miles.

The victim, a 42-year-old woman, was later identified as a 911 dispatcher who was heading home from her place of employment at the time of the crash. She was rushed to Illinois Masonic Medical Center where she was pronounced dead less than an hour after the accident. An autopsy is scheduled to take place on Monday.

Accident witnesses are stating that the 911 dispatcher’s car hit a fire hydrant after the impact with the Range Rover. The SUV hit a parked car after the first impact. The teenage driver tried to flee the scene of the accident through an alley, but was caught by police and arrested.

The minor was taken to an area hospital after the collision, and will remain in police custody. Witnesses report the teenager sustained a head injury in the accident.

There were no passengers in either vehicle, and no one else was injured.

The investigation is being handled by Grand Central Area detectives and the Major Accident Investigation Unit of the Chicago Police Department. The defendant is to appear in criminal court on Monday at Branch 66, 26th and California.

Click here to read the story as reported by NBC news and Fox news.

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Those who oppose red-light cameras argue that the only thing they’re good for is to generate revenue for struggling towns and cities, according to MSNBC. Advocates for the red-light cameras argue that these devices are used not to make a quick buck, but to increase motorist safety on roadways nationwide. With the threat of a possible ticket, drivers are likely to pass through these intersections more safely and your risks for a car accident in Chicago and elsewhere decrease.

More than 500 cities and towns in roughly half of all U.S. states currently have red-light cameras. These intersection watchers snap pictures and take video of drivers who run red lights. As contract for early adopters begin to run out, many wonder if cities are going to keep them around.Our Chicago car accident attorneys note that guidelines through the National Highway Traffic Safety Administration (NHTSA) make revenue an invalid justification for the use of the these intersection cameras. Still, our 400 red-light cameras in Chicago generated more than $64 million in 2009 alone. Safety advocates continue to insist they have made intersections in the city and its suburbs significantly safer.

Because most red-light cameras are contracted out to private companies, they get a large percentage of each fine. This is where oppositional parties argue that there is a danger of “vendor overreach” in increasing the number of citations to generate more money for the contractor. Complaints in Chicago have ranged from targeting busy intersections regardless of accident statistics (and therefore maximizing revenue) to shortening yellow lights in an attempt to increase the number of offenders.

As we recently discussed on our Chicago Car Accident Lawyers Blog, the NHTSA reported that more than 4,500 fatal accidents were at intersections or were intersection-related. Regardless of the presence of red-light cameras, nothing can replace safe driving skills.

Chicago started red-light camera enforcement back in 2003. Our city initially started the pilot program at two intersections, Peterson and Western and 55th and Western. Those locations were chosen based on crash data, according to The City of Chicago. As of May 1, nearly 200 intersections have been equipped with red-light cameras.

There have been a number of large studies over the past 10 years that have all concluded that these red-light cameras reduce accidents and injuries. The most recent study, published in February by the Insurance Institute for Highway Safety, analyzed 10 years of federal traffic data 99 of the largest U.S. cities. Nearly 15 percent of them have installed red-light cameras. The Institute calculated that had all 99 cities installed the devices, more than 800 lives could have been saved from 2004 to 2008.

“We still have thousands of people who die,” said Adrian Lund, the Insurance Institute’s president. “We look at where and how that’s happening, and one of the most dangerous (locations) is intersections.”

The U.S. Conference of Mayors recently approved a resolution that would endorse nationwide adoption of red light cameras.

These red-light cameras oftentimes lead to fines and, depending on the jurisdiction, can lead to costly points on drivers’ records. A number of these consequences result from borderline infractions like neglecting to come to a complete stop at an intersection before making a right turn.

Another recent study from the Insurance Institute found that there has been a significant decline in deaths from red-light accidents in cities that have installed these cameras. A number of researchers write off the cameras as the contributor to the decline because deaths from U.S. roadway accidents of all sorts have decreased significantly during the study period.

The City of Chicago offers drivers a map of red-light camera intersections throughout the city.
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An Illinois taxi vs. pedestrian collision has left one person dead and two others injured when a cab driver lost control on the morning of June 27, according to the Chicago Sun-Times. The incident occurred just before 8:50 AM in the 300 block of E. Illinois Street.

The cab driver reportedly lost control, fatally striking a pedestrian and crashing into a parking garage. The taxi driver and his passenger were both injured when the vehicle hit the garage in the Streeterville neighborhood. Witnesses and police are stating that the passenger was female and she had to be cut out of the backseat. As Chicago fire department personnel worked to extricate her from the vehicle, the male pedestrian’s body was laying in the street under a sheet.

The two injured people were taken by ambulance to Northwestern Memorial Hospital in serious to critical condition.

Secretary of State Jesse White has been an advocate for safe teen driving for quite some time now. Back in 2008, he continued to voice his opposition to raising the driving age in our state after the Insurance Institute for Highway Safety announced its support for raising the driving age nationwide to at least 17-years-old. He opposed this move because he believes it’s not the age of the driver that affects their road safety, but the experience and knowledge that they possess.He continues to argue that safe teen driving won’t come with an increase driving age, but rather by working to better prepare young, novice drivers, regardless of their age, and with increasing parental involvement. Once teens are properly taught effective driving habits, we will then begin to see reduced risks of car accidents in Chicago and elsewhere throughout the state.

Our Chicago personal injury attorneys would like to reiterate that car accidents are the number one cause for teen deaths in the United States. In a car accident that involves a teen driver, anyone and everyone is at risk. In an attempt to raise awareness about the importance of educating our teen drivers, the National Safety Council recently announced that it is currently accepting nominations for the 2011 Teen Driving Safety Leadership Award. This award, sponsored by General Motors and the Illinois-based safety organization, aims to recognize individuals and organizations that have made significant advances in protecting our young drivers.

“My office initiated a new teen driver safety law, effective January 1, 2008, that gives Illinois one of the strongest graduated driver licensing (GDL) programs in the nation,” said White. “The new law better prepares teen drivers by tripling the length of the permit phase, increasing parental involvement, limiting in-car distractions, and strengthening penalties.”

White’s office has also initiated another key law that allows parents of teens that are under age 18 to view their teen’s driving record free online.

“By giving parents access to these driving records, we are helping them stay even more involved in their teenagers’ driving patterns as they proceed through the GDL program,” said White. “Parental involvement is a key component to any successful GDL program.”

The Council is looking for individuals or organizations that have participated in some of the following safe teen driving efforts:

-Advocacy.

-Enacting legislation based on proven safety methods.

-Demonstrating a consistent commitment to teen driving safety leadership.

-Leadership or coordination of an effort to adopt best practices.

-Enhancing public understanding of teen driving safety issues and prevention methods.

“General Motors has a longstanding affiliation with NSC and the Teen Driving Program,” said Mike Robinson, vice president, GM Environment, Energy and Safety Policy. “Driver behavior plays a critical role in safety, particularly for new, inexperienced drivers. We are pleased to support this recognition program and the awareness it gives to developing and maintaining safe driver habits.”

According to the National Highway Traffic Safety Administration, nearly 2,500 15- to 20-year-old drivers lost their lives in traffic accidents in the United States in 2009. Another 196,000 of these young drivers suffered injuries from these incidents. During that year, Illinois lost more than 50 young drivers because of motor-vehicle accidents on our roadways.

“Recent studies have shown that the most comprehensive GDL programs can reduce traffic fatalities for 16-year-old drivers by as much as 21 percent. While Illinois’ GDL law already contains many of the components that are believed to reduce traffic fatalities for these young drivers, we want to make sure that we take every reasonable step possible to save more lives,” White said. “These young people are our future leaders and we want to protect them so they have the opportunity to grow up and fulfill their aspirations.”

You can access our Illinois Graduated Driver License Program’s Parent-Teen Driving Guide to help educate all parties of the learning process to help reduce the risks of traffic accidents on our roadways.

You are encouraged to submit your nomination for the 2011 Teen Driving Safety Leadership Award through August 5, 2011. Keep in mind Secretary of State Jesse White and all he’s done to help ensure the safety of our young drivers when filling out those nomination forms.
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Illinois is already one of the states in the United States that has banned the use of cell phones by drivers in school and work zones and has banned all drivers from text messaging in an attempt to reduce the frequency of distracted driving car accidents in Illinois, according to the Governors Highway Safety Administration. While many motorists ignore these safe driving laws, they may soon have another force fighting their distracted driving habits. A proposed federal law. Introduced by Rep. Carolyn McCarthy, D-N.Y., aims to federalize driving and cell phone usage. These types of laws are currently managed by individual states– and sometimes even cities as is the case with Chicago’s cell phone ban.Our Chicago car accident attorneys hope that this proposed legislation will one day serve as additional ammo in the fight against distracted drivers. The proposed bill would direct the U.S. Department of Transportation to set up a standard for the entire country that would prohibit hand-held cell phone use while driving.

“Driving while making a phone call, texting or using apps can be as dangerous as driving drunk, and much more common,” Rep. McCarthy said. “With some basic commonsense rules that are already in place in some parts of the country, we can reduce injuries and save lives in America.”

There are a few exclusions to this proposed law. Drivers would still be allowed to use voice-operated, vehicle-integrated devices, as well as voice-operated GPS systems. Even though there are cognitive distractions still present with hands-free devices, they pose a much less serious problem than using a hand-held device.

Under the proposed bill, the Department of Transportation would be required to conduct a study on distracted driving. This study would be required to focus on the issue of cognitive distraction and the impact of distraction on newly licensed, young drivers. Within two years of the completed study, the DOT would then be required to report its findings to Congress. Recommendations for revising the minimum distracted driving prohibitions and penalties must accompany this report. These newly proposed minimum distracted driving prohibitions would be mandatory for all states. Each state would then be allotted two years to comply with the law or lose a quarter of their federal highway funding.

Currently, each state is able to create their own laws regulating cell phone and texting use. Some states offer strict laws to prevent distracted driving while others have absolutely no restrictions at all. A majority of states ban teenagers from using cell phones while driving. Texting behind the wheel of a motor vehicle is forbidden in some 30 states. If this proposed bill becomes law, the entire country would be put under a seamless law that would require all motorists to follow it or face the consequences.

According to the National Highway Traffic Safety Administration, nearly 5,500 people died because of car accidents that involved a distracted driver in 2009. These accidents accounted for roughly 1 in 6 of all motor-vehicle accident related fatalities that year.
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An Illinois injury lawyer at Abels and Annes has agreed to help a motorist that was recently injured by another driver who fell asleep at the wheel.

The Chicago-area car crash occurred earlier this month in Aurora, Illinois around 4 AM. The plaintiff was driving his 1999 Honda Accord home from work on Farnsworth Street. At that time the defendant, who was driving a 2007 Mitsubishi Gallant in the opposite direction, fell asleep at the wheel and crossed the center line, striking our client’s vehicle head-on.

The Aurora Police Department responded to the scene of the accident. After the investigation, they placed the defendant at fault on the police report.

Unfortunately, our client was seriously injured in the accident. He was taken by ambulance to Provena Mercy Medical Center with significant internal bleeding in his stomach. There he had to undergo emergency surgery. He was also having breathing/lung issues, right shoulder pain and low back pain. Due to the surgical procedure, he has a 8 to 10 inch wound which has been closed up with staples. He is expected to have a large permanent scar. He is also going to have to have follow-up medical care with several different specialists.

Our law firm has been brought in to pursue a claim against the at fault driver and his insurance carrier.

This accident is a good example of the dangers of drowsy driving. According to statistics gathered by the National Sleep Foundation, in the year 2005 approximately 60% of drivers (168 million drivers) stated that they had driven drowsy over the past 12 months, and 37% of those drivers had actually fall asleep at the wheel. Of those who fell asleep, 13% admitted that it happens to them around once a month. 4 percent, which is around 11 million motorists, said they were involved in a crash or a near collision due to drowsiness.

On the foundation’s website, DrowsyDriving.org, they go on to state that the federal government estimates that there are around 100,000 accidents each year caused by drowsiness. These accidents result in over 1500 deaths, 71,000 injuries and a financial cost of over $12 billion. These statistics are taken from police reports..

The foundation also speculates that these 100,000 accidents could be just the “tip of the iceberg” because it is often difficult to determine that sleepiness caused a collision for the following reasons:

– Police have no test to determine drowsiness (unlike DUIs where officers have many different tests).

– States have no consistent practice as to how to report crashes caused by sleepiness.

– Data from overseas (England, Finland, Australia and other European nations) where there are more consistent accident reporting methods compared to the USA, have statistics that show driver fatigue causes anywhere from 10 to 30% of all accidents.

The website also reports that many motorists are drowsy as they commute to and from work. Around 71% of Americans drive to their places of employment. 27% of those commuters admit to driving drowsy several days per month, 12% did it a few days a week, and 4% admit driving drowsy almost every day.

Drowsy driving accidents occur most with younger people, shift workers, and adults with children. The worst sleepy offenders are adults ages 18-29 who represent 71% of drowsy motorists, as compared to people ages 65 and over who represent a much lower 19%.

When you are behind the wheel, here are some warning signs that you are sleepy and that you should get off the road:

– You are yawning a lot – Blurred vision – Your head starts to nod and your eyelids droop – You have trouble remembering the last few miles driven, or you miss an exit or traffic sign – You drive off on the shoulder, drift from your lane or tailgate – You feel restless and irritable
Like drinking and driving, drowsy driving slows down your reaction time, impairs your judgment and increases your risk of being involved in an accident.

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