Illinois Injury Law Blog

A Cook County jury has found in favor of the family of a BMW salesman in a wrongful death suit against a prospective car buyer who took a test drive and crashed the car killing the salesman.

The jury on Monday awarded Czapski's family $13.7 million, concluding that Maher was liable for Czapski's death in 2004 in South Barrington.

"We are gratified that the jury appreciated the significant loss that the Czapski family experienced," Tim Cavanagh, the family's lawyer said. "For four-and-a-half years, Christopher Maher denied that he was legally responsible for Roger's death."

On August 4, 2004, Christopher Maher took out a BMW 530i sedan with Roger Czapski, 22, in the front seat and two of Maher’s friends in the back seat.

At about 5:50 p.m. the BMW was traveling east on Algonquin Road when it struck the front end of a 2002 Saturn making a left turn onto Willow Creek Church Drive, and then swerved and hit a light pole. The front passenger side of the car—where Czapski sat—took the brunt of the impact, police said.

Maher was ejected from the car. He and his two friends suffered serious injuries but survived. Czapski was pronounced dead at a local hospital 90 minutes later.
Witnesses, including the two back-seat passengers and friends of Maher, testified at trial that the BMW was traveling about 95 miles per hour at impact, Cavanagh said.

Maher's attorneys posited that Czapski was at least partially to blame for his own death, telling the jurors that Czapski said to Maher, "Now it's your turn. Open it up." They also suggested that Czapski never told Maher he had to slow down.

One of Maher's lawyers, Tom Jacobson, said he plans to file motions stating that "some evidence was improperly excluded."

"It was a tragic accident," he said. "However, the verdict isn't in line with the evidence."

In October 2005, Maher pleaded guilty to aggravated speeding in connection with the crash. He was sentenced to one year of probation and 30 days of community service at the Cook County medical examiner's office.

Car Accidents in Chicago

Unfortunately, car accidents occur on a regular basis in our city and across the country. Sometimes it is because of negligence on the part of another person. It is our mission to assist those who may have been injured or harmed due to the negligence of another driver. Whether your injuries consist of whiplash or burns to your head or neck, nerve damage or spinal chord injures, broken or dislocated a bones or limbs, or loss of life, our attorneys are specifically trained to assist you in your time of need.

$13.7M awarded in South Barrington crash lawsuit, ChicagoBreakingNews.com, April 21, 2009

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An ambulance stolen in Chicago caused a six-car accident as a result of being driven too fast and too carelessly in a north suburb of Evanston, Illinois on March 24, 2009.

The accident occurred around 3 p.m. at the intersection of Chicago and Dempster says Evanston police Commander Tom Guenther. Cmdr. Guenther also said there were several injuries, although he did not provide details. A witness said as many as eight people were injured.

The ambulance looks to have been stolen from a Chicago nursing home. The suspect then drove north on Chicago Avenue into Evanston, Guenther said. The van struck a parked vehicle at Chicago and Washington, but did not stop.

"He just kept going at a high rate of speed," Guenther said. "He was driving very erratically and it is possible the driver was impaired."

The vehicle, a private ambulance, continued north on Chicago until causing the pile-up at Dempster, Guenther said.

Witness Robert Skertich of Chicago was also driving north on Chicago when the ambulance passed him driving fast with its lights flashing. The stolen ambulance was not using sirens.

"He ran the red light and just plowed through three cars," said Skertich, a native of Chicago in Evanston to meet with a business client. "Two of those cars were totalled. It was just amazing that no pedestrians were hit."

The driver then got out of the ambulance, Skertich said. "There was blood all over this guy's face and he just started screaming, 'I hate God. I hate God.' then he starts running. Didn't even stop to see if everyone was OK."

Skertich reported that he and a friend who was in the car got out and chased the man, eventually keeping him contained until police arrived.

Skertich said the driver was a "small guy" who put up quite a fight when officers tried to arrest him. Cmdr. Guenther confirmed that the driver struggled with police officers before being taken into custody.

The suspect was among those injured in the accident, and received medical care, Guenther said. He is now in the custody of Evanston police awaiting the filing of charges.

Chicago police confirmed that a private medical ambulance was stolen from a nursing home in the 7400 block of North Clark at about 2:40 p.m. March 24, 2009. News Affairs Officer Joanne Taylor said there were no patients or staff inside the vehicle at the time.

"We understand the vehicle was recovered after causing property damage in Evanston, and the case may involve a DUI," Taylor said.

Guenther said the intersection of Dempster and Chicago remained close at 5:15 p.m., but police had it reopened by 6 p.m.

Car Accidents in Chicago

Unfortunately, accidents are a regular occurrence in our city and across the country. Sometimes it is because of negligence on the part of another person. It is our mission to assist those who may have been injured or harmed due to the negligence of another driver. Whether your injuries consist of whiplash or burns to your head or neck, nerve damage or spinal chord injures, broken or dislocated a bones or limbs, or loss of life, our attorneys are specifically trained to assist you in your time of need.

Stolen ambulance causes six-car crash in Evanston, SunTimes.com, March 24, 2009

Continue reading " Stolen Ambulance the Cause of Six-Car Crash in Evanston, Illinois Suburb " »