Chicago Injury Lawyer Blog

Most Kane County residents are aware of the dangers of using cell phones while driving, but many still answer the phone while driving or even text while driving. Significantly, statistics show that a driver who is texting has the same impaired response time as an intoxicated driver. If you must use your cell phone while driving, some helpful safety tips are:

- utilize a hands free device
- avoid using your phone in bad weather, stressful situations, or heavy traffic
- make phone calls when you aren't moving
- avoid looking up numbers or trying to take notes while driving and
- keep your conversations short

The risks are more pronounced when drivers text. While texting, the driver's gaze constantly shifts between his phone and the road. Experienced drivers, including truck drivers, fare no better when texting. A study showed that truck drivers who text and drive are approximately 20 times more likely to get into an accident.

Continue reading "Kane County Car Accidents: Distracted Drivers and Cell Phones" »

Victims of car accidents often suffer cervical (neck) strain known as "whiplash." A whiplash injury can occur as a result of both a low speed and a high speed collision. Whiplash most often occurs in rear-end collisions. Neck injuries, including whiplash, occur because the sudden force of a vehicle impact causes the occupant to decelerate rapidly, moving the neck past its normal range of motion. The crash victim's head moves forward, then backward, very quickly, and unexpectedly.

Treatment for whiplash can be described as a neck injury to the soft tissue of the ligaments, tendons, and muscles in the neck. A whiplash neck injury, also described as a cervical strain or sprain, is considered a hypertension neck injury. Pain in the cervical area, which is often severe, is a common symptom of whiplash injury. Other symptoms include muscle spasms, headaches, neck pain, sleep disturbance, tight muscles, low back pain, tenderness in the back of the neck, poor memory, pain in the shoulders, fatigue, dizziness, vision problems, ringing in the ears, limited range of motion, and shooting pain in the arms.

Continue reading "Naperville Motor Vehicle Accidents: Whiplash Injuries" »

The aftermath of a motor vehicle accident can be legally complex. Often times, a person other than the driver to the striking vehicle, may be additionally responsible for the damages caused by a motor vehicle collision. Under Illinois law, two common scenarios in which a person or entity may be found legally responsible for damages caused by a negligent driver arise in (1) the parent-child relationship, and (2) the employer-employee relationship. Whether a parent or an employer is legally responsible for the at-fault driver will a careful analysis of the facts surrounding the accident and the relationships of the parties.

Parent-Child Relationship

If a child gets into an accident while driving his or her parents' car, the injured plaintiff may be able to sue the parents in certain, but not all, situations. Parents are not liable for the injuries caused by their children merely because their child causes an accident. In Illinois, parents may be held liable under an "agency" theory for their child's negligent driving if the child was engaged in running an errand for or doing the parents' business at the time of the accident. Stellmach v. Olson, 242 Ill.App.3d 61, 64 (2nd Dist. 1993). However, the Stellmach Court explained that a parent is not liable for damages caused by a child who drove the parent's car for the child's own purposes, even if the parent consented to that use. Stellmach, 242 Ill.App.3d at 65. If, instead, the child was using the car to run a family errand, then the parent will be liable. Stellmach, 242 Ill.App.3d at 64. The question of whether an action is a family errand will be a question of fact for the jury to consider during the trial. Id.

Continue reading "Illinois Motor Vehicle Lawyers: Identifying Responsible Parties After A Motor Vehicle Collision" »

In March 2011, the Village of Downers Grove released its Neighborhood Traffic Study (the "Study"). The Study investigated Downers Grove's traffic issues by studying a specific section of the community-- the neighborhood bounded by Main Street, Fairview Avenue, Maple Avenue, and 55th Street. Incredibly detailed and comprehensive, the Study analyzed many different issues, including: pedestrian and bicycle facilities, intersection traffic controls, parking restrictions, and daily traffic volumes. Perhaps the most important part of the meticulous study was the evaluation of the intersection at 55th Street and Washington Street.

Intersection at 55th Street and Washington Street

One of the Study's goals was to investigate the conditions at the intersection of 55th Street and Washington Street in Downer Grove, which may be causing vehicle accidents, car accidents, truck accidents, and motorcycle accidents and to provide recommendations for limiting the number of future accidents.

Continue reading "DuPage County Car Accident Lawyers: Downers Grove's 2011 Neighborhood Traffic Study" »

On November 23, 2011, the U.S. Department of Transportation ("USDOT") announced the final rule that prohibits interstate truck and bus drivers from using hand-hand cell phones while operating vehicles. The Federal Motor Carrier Safety Administration ("FMCSA") and the Pipeline and Hazardous Materials Safety Administration ("PHMSA") finalized the rule with the power of the USDOT . The FMCSA and PHMSA determined that the prohibition was necessary to prevent injuries and deaths caused by truck accidents. In 2009, there were 5,474 deaths and nearly 500,000 injuries caused by distracted drivers.

The final rule provides for federal civil penalties of up to $2,5750 each time a commercial truck driver is caught using a hand-held cell phone while driving. Companies that are found to be permissive in allowing their drivers to use hand-held cell phones face stiff fines up to $11,000. These penalties are in addition to state sanctions, including potential suspension of commercial driver's license ("CDL").

Continue reading "DuPage County Truck Accident Lawyers: U.S. Department of Transportation Bans the Use Of Hand-Held Cell Phones In Trucks" »

Rear-end collisions occur every day in DuPage County. Some accidents are relatively minor and occur at slow speeds; other times, severe accidents occur as a result of a high speed, heavy impact collision. Regardless of the severity of the car accident, injuries often result. Common symptoms include pain in the head, neck, and back. Injuries may range from broken arms or legs, shoulder injuries, knee injuries, head injuries, whiplash and herniated or bulging discs.

In Illinois, the individual who rear-ends another driver is often found to be at fault in causing the accident, absent certain defenses. The rear-end driver or striking motorist who causes a rear end collision may have been following the car in front of him too closely or "tailgating." There are exceptions to this general assumption, such as a sudden stop by the victim's car, or in rare circumstances in which the striking motorist is confronted with a hazardous situation or sudden emergency.

Continue reading "DuPage County Car Accidents: Rear-End Collisions" »

As a part of the City of Naperville's Comprehensive Transportation Plan, the Naperville Pedestrian Plan ("Plan") was created to design and implement policies, practices, and programs that promote a safe pedestrian experience and limit pedestrian accidents. The Plan also recognizes that there are many different pedestrian experiences and paths of travel. For instance, the Naperville Riverwalk is located west of Naperville City Hall in Riverwalk Park. The Riverwalk is pedestrian friendly and has very little interference from motorists or other uses. In a different section of Naperville, the Naperville Historic District is located north of North Central College. The Historic District is a highly mixed-use neighborhood with motorists, crosswalks, stop lights, Ellsworth Elementary School, First Congressional Church, Community United Methodist Church, many local business, etc. These areas represent different and unique pedestrian needs and desires.

Policies and Practices

In order to effectively develop and coordinate Naperville's varying pedestrian needs, Naperville has developed a rubric of policies and practices to be considered when undertaking a pedestrian project.

Continue reading "Naperville Pedestrian Accident Lawyers: City Adopts Plan To Promote Pedestrian Safety, Reduce Injuries" »

On June 1, 2011, construction began on the Butterfield Road (IL Route 56) widening project. Upon the project's conclusion, approximately six miles of Butterfield Road, from Naperville Road in the City of Wheaton to Route 59 in the City of Warrenville, will be widened from two lanes to four. The project will also include updated intersections, additional turning lanes, and additional lanes at the major cross streets of Wiesbrook Road, Orchard Road, and Naperville Road to improve capacity at Butterfield Road intersections. According to the Daily Herald, the project is scheduled to conclude in the fall of 2012.

Butterfield Road Car Accidents

When planning the project, the Illinois Department of Transportation conducted a crash analysis on the section of Butterfield Road to be improved. The IDOT study found a total of 670 accidents on this stretch of Butterfield Road. The study found that 88% of the accidents were rear end collisions and turning accidents. The study also investigated eight intersections along Butterfield Road, including: IL Route 59, Batavia Road, Winfield Road, Wiesbrook Road, Orchard Road, Cromwell Drive, Naperville Road, and the Danada Square and Naperville road intersection. From 2004 through 2006 there were 387 accidents at these intersections, causing 83 personal injuries. Again, approximately 90% of the accidents at these locations were rear end collisions and turning accidents. The road widening and updated intersections are designed to lower the number of car accidents, truck accidents, and motorcycle accidents that occur on Butterfield Road.

Continue reading "DuPage County Vehicle Crashes: Plan To Widen Butterfield Road Aims To Reduce Car Accidents At Intersections" »

Under the Illinois Animal Control Act, a plaintiff seeking to recover injuries from the result of a dog bite must prove: "(1) an attack by defendant's dog; (2) injury to plaintiff; (3) absence of provocation; and (4) that plaintiff was conducting himself peaceable in a place where he had a legal right to be." Stehl v. Dose, 83 Ill.App.3d 440, 443 (3rd Dist. 1980). The third element of this burden, absence of provocation, can be a complex area of the law. In Nelson, provocation was initially defined as "an act or process of provoking, stimulation or incitement." Nelson v. Lewis, 36 Ill.App.3d 130, 131 (5th Dist. 1976).

Since the Nelson decision, subsequent Illinois Appellate Court decisions have provided some as to what actions constitutes provocation. For example, the court in Stehl v. Dose also stated that a determination of provocation is "primarily a question of whether plaintiff's actions would be provocative to the dog." Stehl at 443. In addition, this standard takes into account both "what a person would reasonably expect, and how a normal dog would react in similar circumstances." Kirkham v. Will, 311 Ill.App.3d 787, 794 (5th Dist. 2000). An unintentional or accidental act can sometimes create provocation, however "where the acts which stimulated or excited the dogs were unintentional ... no provocation can be said to exist within the meaning of the statute if the acts cause the dog to attack the plaintiff viciously, and the vicious act is out of proportion to the unintentional acts involved." Wade v. Rich, 249 Ill.App.3d 581, 589 (5th Dist. 1993).

Continue reading "Illinois Dog Bite Lawyers: What Constitutes "Provocation" Under The Illinois Animal Control Act" »

Naperville city planners expect Naperville's population to grow to 155,000 by the year 2020. This population growth sparked the Naperville City Council to create the Comprehensive Transportation Plan (the "Plan"), which represents the desire to maintain mobility and safety throughout the City of Naperville.

The City of Naperville's Comprehensive Transportation plan has 14 component parts. They include:

1. Master Thouroughfare Plan
2. Trip Reduction Plan
3. Transit Plan
4. Pedestrian Plan
5. Bicycle Plan
6. Neighborhood Traffic Mitigation/Calming Plan
7. Traffic Safety Plan
8. Traffic Enforcement Plan
9. Intelligent Transportation Systems Plan
10. Truck Route Plan
11. Air Quality and Noise Management Plan
12. Coordinated Roadway Improvement Plan
13. Arterial Landscape Plan
14. Parking Plan

Continue reading "Naperville Motor Vehicle Safety Update: City of Naperville's Comprehensive Transportation Plan" »

The Kane County 2040 Transit Plan (the "Plan") represents the long-term plan for Kane County's transportation future. The Plan is designed to meet Kane County's transportation needs until the year 2040.

The Plan takes into account the varied transportation needs of the county--from the rural areas in the western part of the county to the urban areas to the east. With Kane County's population projected to rise by nearly 300,000 people over the next 30 years (most of which will occur in the urban areas in the eastern part of Kane County), the Plan seeks to balance the transit needs in the rural areas with those needs in the urban areas.

Continue reading "Kane County Motor Vehicle Safety Law Update: The Kane County 2040 Transit Plan" »

Although amounts vary, nearly every state, including Illinois, requires minimum vehicle liability insurance. The mandate is designed to protect people from the risks posed by uninsured drivers. The reality, however, is that there are many uninsured motorists on the roads. Considering the most common personal injury claims arise from traffic accidents, the risks posed by uninsured motorists cannot be overstated. Unless the proper steps are taken, a relatively straightforward process can become an expensive, time-consuming endeavor, resulting in unpaid medical bills and a judgment-proof defendant.

Continue reading "Illinois Uninsured Motorist Lawyers: Remedies Against Uninsured Drivers After an Accident" »

A motor vehicle accident or pedestrian accident can be a traumatic experience and has the potential to cause painful personal injuries, such as a broken bones, painful back injuries, or head injuries. In 2010, there were approximately 89,000 persons injured in motor vehicle crashes in Illinois. This means that nearly ten people are injured in motor vehicle accidents every hour.

When an injured person incurs medical bills for treatment of injuries related to the accident, it is important to understand what may be required in order to obtain reimbursement. In Wills v. Foster, the Illinois Supreme Court held that Illinois follows the "reasonable value" approach in determining whether a plaintiff is allowed to recover their medical bills. In presenting medical bills as evidence, there are several potential pitfalls that a plaintiff should consider.

Continue reading "Obtaining Compensation For Medical Bills after an Illinois Motor Vehicle Accident: Proving the Charges are Usual and Customary" »

When a motor vehicle accident occurs, there will invariably be physical damage to the motor vehicles. It is common for the cars involved in an accident to be photographed at the scene of the accident. Such photographs are often helpful in demonstrating the severity of the collision at trial. However, the photographs are not automatically admissible at trial to prove injuries or damages. Illinois Appellate Courts have wrestled with this question for years, and the Illinois Supreme Court has yet to clearly resolve the dispute.

Formerly, photographs depicting damage to a vehicle were admitted into evidence as long as the attorney laid the proper foundation. In Cancio, the Court found that although photographs of the plaintiff's vehicle revealed little damage, they were relevant and helpful for the jury to consider in determining the extent of the plaintiff's injuries. Cancio v. White, 697 N.E.2d 749 (1st Dist. 1998). In DiCosola, the Illinois Appellate Court ruled that the trial court had the discretion to keep photographs out of evidence, especially without the use of expert testimony. DiCosola v. Bowman, 794 N.E.2d 875 (1st Dist. 2003).

Continue reading "Illinois Motor Vehicle Accidents: Entering Photographs into Evidence at Trial" »

Any number of injuries, including birth injuries, brain injuries, spinal injuries, and even death, can be caused by a hospital's mistake, a doctor's misdiagnosis, anesthesia complications, a physician's incompetence, and other causes. In Illinois, malpractice actions (lawsuits for negligence) against physicians, psychologists, podiatrists, dentists, hospitals, naprapaths (health care professionals focusing on non-invasive manual techniques), or any physicians licensed to treat people without the use of drugs or surgery must follow the strict procedural guidelines set forth in Section 2-622 of the Illinois Code of Civil Procedure.

Designed to prevent frivolous lawsuits, like many similar state statutes, Sec. 2-622 requires an attorney to first consult with a medical professional before filing the complaint in a court of law. In order to properly initiate the lawsuit, the attorney must attach an affidavit to the Complaint declaring that the attorney has consulted with a medical professional who has reviewed the plaintiff's injuries and believes the Plaintiff has a meritorious cause of action. A written report from the physician, setting forth the basis for the professional's opinion, must also be attached.

Continue reading "DuPage County Medical Malpractice Lawyers: Certifying a Medical Negligence Claim in Illinois" »