Articles Posted in Negligence

Pedestrian safety is a critical concern in Chicago, where busy streets, intersections, and distracted driving have made walking increasingly dangerous. As personal injury lawyers dedicated to helping injured pedestrians, John J. Malm & Associates is committed to holding negligent drivers accountable and seeking justice for victims across the city.

Why Pedestrian Safety is a Growing Concern in Chicago

Chicago’s high-traffic areas and busy intersections pose significant risks for pedestrians. Whether it’s navigating downtown streets or crossing neighborhood roads, pedestrians in Chicago face unique dangers, and the consequences of driver negligence can be devastating.

Motorcycle riding offers a sense of freedom and adventure, but it also comes with significant risks. One critical, yet often overlooked, issue is the impact of poorly maintained roads on motorcycle accidents. In Illinois, the state of road maintenance has become a pressing concern for motorcyclists, leading to numerous accidents, injuries, and fatalities. This blog delves into the impact of inadequate or improper road upkeep on motorcycle safety, and how it can lead to serious motorcycle accidents. Continue reading

Being involved in an accident is scary. Often, you will need to seek medical treatment for your injuries after the accident and the medical bills to treat your injuries can quickly add up. You may even consider putting off medical treatment until you figure out how your medical bills will get paid. While it is not a good idea to delay your medical treatment, there are several options to deal with medical bills while you receive treatment for your injuries. Continue reading

A recent study from the AAA Foundation for Traffic Safety has shown that in the last year, more drivers are participating in dangerous driving activities, such as speeding, running red lights, and driving under the influence of alcohol. Data from the study shows that 24% more drivers drove while under the influence of alcohol from 2020 to 2021, 13% more drivers drove after an hour of consuming cannabis, 10% more drivers drove through a red light, and 12% more drivers drove 15 miles-per-hour over the speed limit when on the highway.

According to the National Highway Traffic Safety Administration (NHTSA), traffic fatalities have risen since the beginning of the COVD-19 pandemic. The NHTSA estimated that 42,915 people died in motor vehicle accidents in 2021, an increase of 10.5% from 2020.

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Every vehicle has experienced the occasional rock or road debris striking their windshield. While the resulting damage is usually minor and covered by auto insurance, what happens when you encounter a dangerous road hazard such as fallen semi-truck cargo? If the cargo in a commercial truck is not properly loaded or secured, the cargo can shift in transit, causing the driver to lose control and tip over. Falling cargo can act as a projectile and penetrate the windshield of a trailing vehicle resulting in serious bodily injury or even death.

According to AAA, over a period of three years, more than 200,000 accidents were caused by falling debris. Approximately 25,000 crashes and 80-90 deaths occur in the United States each year. Traveling at a high rate of speed increases the risk of cargo falling from vehicles but decreases other drivers’ ability to react to hazards created by the airborne debris or debris on the roadway. More than one-third of all deaths reported in the study occurred when a driver swerved to avoid the falling debris. Overcorrecting at the last minute to avoid debris also increased a driver’s risk of losing control of their vehicle and making a bad situation even worse.

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While leaving a Christmas party in Orland Park, Illinois in December 2019, school teachers Rone Leja and Elizabeth Kosteck were struck by a 2016 Buick Regal in a parking lot. The high-impact collision caused Ms. Leja to suffer fatal injuries, and Ms. Kosteck to suffer serious injuries. The driver of the 2016 Buick Regal was a 73-year-old retired priest named Paul Burak. Mr. Burak was also a guest at the Christmas party. Mr. Burak had consumed alcohol that night, but he told partygoers he was ‘fine’ to drive. According to a prosecutor subsequent trial, Mr. Burak thought he backed into a curb when he struck the two women, before he drove away down a service road. A witness followed him in his car and requested that Mr. Burak return to the scene. Paul Burak is due in court again this month to face his punishment for striking and killing Rone Leja with his vehicle. The attorney for the Leja family spoke with the Chicago Sun Times, calling what happened to Leja a ‘senseless death’ that could have been easily prevented. Continue reading

We all know the dangers of drinking and driving. But what about getting behind the wheel the morning after a night of heavy drinking? The average person can break down a single unit of alcohol — a 12-ounce beer, 5 ounces of wine or a 1.5-ounce shot — in about an hour. (Bear in mind that bars and restaurants may serve you more than a single unit of alcohol per drink.)

One hour to break down one standard drink is an estimate for the average person, but not everyone breaks down alcohol at the same rate. There are several factors which affect how quickly your body breaks down alcohol, including your height, weight, gender, age and metabolism, whether you were eating, and whether you take medications that affect the absorption of alcohol. Ultimately, the only thing that can actually reduce your blood alcohol content is time. Late nights and excessive drinking lead to painful mornings and the dreaded effects of a hangover.

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In November of 2019, Alexandra Mansonet was on her way to work at a New Jersey non-profit at around 8:30 a.m., when she smashed into the back of a parked Toyota Corolla. The Corolla subsequently shot forward and struck a pedestrian, Yuwen Wang, which sent her flying into the air. Ms. Wang had just said goodbye to her husband for the day as she went out for her morning walk. Following the collision, she was transported to the hospital and died several days later. Ms. Mansonet told police that she looked up to see the Corolla right in front of her as she was driving. She admitted that she was texting and driving at the time of the collision.

The prosecution equated the crime of her distracted driving with that of someone who had been drinking and driving. People seemingly check their phones and send text messages while driving all the time, but according to Cambridge Mobile Telematics, distracted driving can actually be more dangerous than drunk driving. Drunk drivers need about four more feet added to their stopping reaction time than non-distracted sober drivers. However, a distracted sober driver (for example, someone who is texting) needs about 70 more feet to look up and realize what is going on. Continue reading

Last month, 10-year-old Srijan Panthi and his mother, Mina Panthi, were hit by a city garbage truck in Corona, Queens, New York at around 7 a.m. on their way to school. The garbage truck was pulling out of a commercial driveway and making a right turn when it struck Mina and Srijan. According to a local resident, there was a stoplight at the intersection where the truck turned, but there was no dedicated crosswalk sign for pedestrians. Because there was no crosswalk sign, authorities had difficulty determining who had the right-of-way.

After the accident, the truck driver stayed at the scene, but no charges were filed against him. However, he was suspended from work immediately following the fatal events of the morning. Mina and Srijan were taken to a nearby emergency room. Mina survived, with serious injuries, but Srijan was pronounced dead four hours later. Continue reading

What is the De Minimis Rule?

cracked-concrete-1496622-300x225There are several nuances to premises cases, especially trip and fall cases caused by defective pavements. One of the nuances to a premises case is the de minimis rule. Under the de minimis rule, liability for the defendant generally attaches for sidewalk defects approaching two inches in height. Birch v. City of Quincy, 241 Ill. App. 3d 119, 121 (1993), Harris v. Old Kent Bank, 315 Ill. App. 3d 894, 900 (2000). Courts are hesitant to find a defendant liable for sidewalk or pavement deviations less than two inches in height because the de minimis rule was originally intended to protect [defendants] from the burden of having to monitor and maintain great lengths of sidewalk in perfect condition. Id.

“Whether a height variance between two sidewalk slabs is de minimis depends on all of the pertinent facts, and there is no simple standard to separate de minimis defects from actionable ones. St. Martin v. First Hospitality Group, Inc., 2014 IL App (2d) 130505 ¶14 (quoting Arvidson v. City of Elmhurst, 11 Ill. 2d 601, 604 (1957)). Illinois has held that, although a displacement of two inches in a residential area is actionable, a variation of only 1 1/8 inches is de minimis. Id. However, the de minimis rule’s application depends upon multiple factors, such as heavy foot traffic, distractions, and congestion. Id. at ¶ 19. Continue reading

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