Illinois Injury Law Blog

A second defendant has pleaded guilty to charges accusing him of purposefully hitting bicycles with his car in Brookfield. The 20-year-old pleaded guilty to aggravated battery with a deadly weapon and leaving the scene of an accident. On Tuesday, he was sentenced to two years of probation, according to the Chicago Tribune.

Riders already face the significant risk of a Chicago bicycle accident without motorists intentionally trying to run them off the road. While this may be an extreme case, our Chicago injury lawyers are frequently called to represent cyclists who have been run off the road or otherwise injured by an at-fault motorist. The Illinois Department of Transportation reports there were nearly 4,000 motorcycle crashes in 2008 -- 28 riders were killed and more than 3,300 were seriously injured.

This incident occurred on May 31, 2009 when the defendant was driving through Brookfield with his 18-year-old girlfriend at about 6:30 a.m. The girlfriend bet he wouldn't hit a cyclist and the defendant struck a 52-year-old rider on Washington Avenue before driving away. They switched places, and the girlfriend struck a 34-year-old rider a few blocks away. They were arrested a short time later.

The girlfriend pleaded guilty last week to aggravated battery with a deadly weapon and driving under the influence of alcohol. She was sentenced to 10 days in jail and two years of probation. The Active Transportation Alliance, an advocacy group, called the sentences outrageous.

The City of Chicago provides a safe cycling brochure for cyclists and offers a number of safety tips, including:

Fitting and equipping your bike

Maintenance checks

Parking your bike

Bike helmets

Traffic basics

Lane positioning, turning and passing

Trouble Situations

Off-street Bicycling

Riding at night and in bad weather

Continue reading " Motorists pleads guilty to intentionally causing Chicago bicycle accidents " »

A New Trier High School student is facing misdemeanor DUI charges after a Chicago pedestrian accident that seriously injured a fellow student. The Sun-Times reports the defendant admitted to smoking marijuana the night before the accident.

She is accused of hitting a sophomore student on May 14 as the teen crossed the street in front of the school. Authorities say she fled the scene after the accident. She also faces a felony charge of failing to stop after an injury accident.

Car accidents among young drivers are an ongoing concern heading into summer. The Illinois Department of Transportation reports that teenagers ages 16-20 have the highest injury rate among all Illinois drivers. In 2008, 104 young drivers were killed in accidents and almost 13,000 were injured.

As a result, the Illinois Secretary of State's Office has instituted a Graduated Driver's License Program.

15-year-old Permit Drivers:
-Parental permission to obtain permit.
-Must enroll in approved driving course and pass vision and written exams.
-Prohibited from driving on weeknights from 10 p.m.-6 a.m. and on weekends from 11 p.m. to 6 a.m.
-Must have permit for 9 months.
-50 hours of minimum driving practice.
-No citations.
-No cell phone use.

16-17-year-olds Initial Licensing Phase:
-Completed state-approved driver education course.
-Must maintain conviction-free driving record for six months before turning 18 in order to be eligible for full driving rights.
-Limited to one passenger under 18 unless a sibling or child of the driver.
-Prohibits cell phone use.

Additionally, studies continue to show that teens are at high-risk for being involved in accidents involving alcohol or drugs. Twenty-eight percent of young drivers killed in automobile accidents had been drinking, according to Students Against Destructive Decisions (an organization you and I remember as Students Against Drunk Driving).

Continue reading " Teen faces DUI charge for Chicago pedestrian accident; young drivers at high risk for traffic crashes " »

Advocates for elder care and safety continue to await the governor's signature on a law aimed at reducing the risks of Chicago nursing home neglect.

"Nursing homes should provide safe, caring environments for residents and peace of mind for their family members," said Illinois Attorney General Lisa Madigan. "This new measure strengthens the law to enable prosecutors to crack down on negligent nursing home operators who fail to protect our most vulnerable adults."

The measure, which was passed by lawmakers in a unanimous 118-0 vote last month, makes criminal neglect in nursing homes a Class 4 felony. Nursing home employees or owners who put resident's health at risk can face charges. The penalty would increase to a Class 3 felony in cases where neglect causes a patient's death.

Media reports last year detailed a number of serious problems in Illinois nursing homes, including the practice of housing mentally ill felons in homes with elderly residents. In response, the governor convened the Illinois Nursing Home Task Force, which made a series of recommendations. Other improvements in the system include enhanced background checks and increased screening for residents.

A May 25th raid on a Jacksonville nursing home was the latest in a series of 11 raids on Illinois nursing homes conducted by the Attorney General's Office, according to the State Journal-Register.

Our Illinois nursing home abuse attorneys work with families who are concerned about the conditions of a nursing home or the treatment of elderly residents in nursing homes throughout the state. The Illinois Department of Public Health offers a number of resources for families dealing with the task of choosing a nursing home to care for an aging family member:

-How to Choose a Nursing Home

-Illinois Nursing Home Violation Reports

-Illinois Nursing Home Care Act

-Illinois Nursing Home Directory

Continue reading " New law aimed at reducing risk of Illinois nursing home abuse and negligence " »

Memorial Day weekend typically ushers in the beginning of the Illinois boating season and authorities are urging everyone on the water to practice safe boating in an effort to reduce serious and fatal Chicago boating accidents.

The Illinois Department of Natural Resources reports that 25 people were killed and 71 injured in more than 100 Illinois boating accidents last year. Nationwide, the U.S. Coast Guard reported 709 deaths and more than 3,300 injuries as a result of boating accidents during 2008.

Illinois personal watercraft accidents and jet ski accidents continue to be a cause for concern. Last week, a 28-year-old man was killed in a jet ski accident on Lake Marie in Antioch, ABC 7 reported.

Not surprisingly, boating accidents peak in the summer months, with June (733), July (1,136) and August (848) accounting for nearly half of all boating accidents nationwide in 2008. About half of all boating accidents occur in lakes and ponds (2,267), while 112 occurred on the Great Lakes and 348 happened in Ocean or Gulf waters.

Boating Safety and Statistics

-Over two-thirds of boating accident victims drown; 90 percent were not wearing a life vest.

-Only 1 in 10 boating accidents occur in boats operated by a captain who has received boating safety instruction.

-The five primary causes of boating accidents are reckless operation, operator inattention, failure to establish a proper lookout, operator inexperience, and passenger/skier behavior.

-Alcohol use is a leading factor in approximately 1 of every 7 fatal boating accidents.

-Primary accident types are collision with another vessel, flooding, collision with a fixed object, falling overboard and skiing mishaps.

-Leading causes of boating deaths are drowning, trauma, hypothermia, carbon monoxide poisoning and cardiac arrest.

The Illinois Department of Natural Resources offers boating safety courses and safety tips.

The Safe Boating Council offers the following safety tips as part of a free Safe Boating Checklist:

-Enroll in a swim course and safe boating course; arm yourself with the skills necessary to stay safe on the water.

-Wear a life vest.

-Use Carbon Monoxide detectors in enclosed areas.

-Keep an eye on the weather and react accordingly.

-File a float plan; communicate your trip details to a friend, including where you are going, who will be on the boat and when you expect to return.

-Never operate a boat while drinking alcohol.

-Keep boat chemicals properly stocked and out of reach of children.

-Keep CPR instructions and emergency numbers in a prominent location on the boat.

-Maintain constant supervision of children.

-Do not swim near a boat's exhaust or sit on the platform while a boat is running.

Continue reading " Take an active role in preventing Chicago boating accidents this summer " »

Today marks the end of May’s “Motorcycle Awareness Month”—a period during which local law enforcement agencies try to make drivers aware of the motorcycle riders who share the road with them, and to remind riders to take safety precautions as motorcycle riding increases during the summer months.

In a report broadcast yesterday, WGN TV discussed the types of motorcycle crashes that are considered “textbook” examples: such accidents occur most often at intersections, when drivers attempting to make a left-hand turn don’t notice a motorcycle coming into the intersection, and cut off the rider. Citing data from the National Highway Traffic Safety Administration, the report noted that motorcyclists are 37 times more likely to die in a crash than people in passenger cars are. Even police riders are sometimes forced off the road, despite riding with flashing lights and sirens that should make it more likely that drivers would notice them.

Many riders like to wear dark clothing; however, research has shown that the use of fluorescent, reflective, or brightly-colored clothing, as well as the use of white helmets, reduces the likelihood that a motorcycle rider will be injured in a crash caused by someone else’s negligence.

Motorcycle Awareness Month may be over, but Chicago motorcycle riders must stay alert throughout the year. Unfortunately, according to media reports, a 31-year-old Carpentersville motorcyclists lost his life just last Saturday when he rode off the road near Richmond.

Continue reading " Chicago-Area Agencies Conclude “Motorcycle Awareness Month” " »