Illinois Injury Law Blog

A citywide awareness campaign organized by the Illinois Department of Transportation, Chicago law enforcement officials and the National Highway Traffic Safety Administration was kicked off recently by placing 32 mannequins along Wacker Drive to represent those who were killed in 2010 Chicago pedestrian crashes. The shock effect is meant to make motorists more cautious of pedestrians.

The Chicago Tribune reports a new city study found roughly 80 percent of crashes in Chicago involving a pedestrian and a vehicle occur at intersections. Most crashes happen while a pedestrian is using a crossing signal, which indicates that motorists are not yielding to people using the crosswalk. In looking at pedestrian crash data from 2005 to 2009, Chicago reported almost 17,500 crashes involving more than 18,350 pedestrians. The pedestrian fatality total for 2010 was only two fewer than the 34 reported in 2009.

Cook County pedestrian accident attorneys have been told that cab drivers were involved in almost 30 percent of the 3,000 pedestrian-vehicle crashes in 2010. Aggressive driving by drivers who are on the clock doesn't excuse negligence when a pedestrian is hit. Contact an attorney on how to proceed with a claim if you have been injured in a crosswalk by a vehicle.

Other key awareness and safety initiatives include safety messages written on sidewalks in high traffic areas; citywide awareness messages in ad spaces; crosswalk flags to be held while crossing the street; reaching out to schools, cab companies and senior citizen centers; and safety messages placed at bus shelters or on trash bins. Plainclothes police officers will also pose as pedestrians in crosswalks crossing the street and will ticket any driver that fails to stop. Illinois recently passed a law that drivers must stop -- not just yield -- to pedestrians. Violators could be cited with a penalty ranging anywhere from $50 to $500.

The goal for city officials is to reduce pedestrian deaths to zero by 2020. There was a hint of this months ago when the Chicago Pedestrian Plan was introduced. The Chicago Tribune reports the city was given $545,000 in federal grant money to conduct a study on pedestrian-related deaths, hit-and-run accidents and frequent crash areas where pedestrians seem to be most at risk.

New legislation has recently been introduced that would permit speed cameras to be installed throughout most of Chicago. The cameras would catch speeders similar to how red light cameras nab motorists who fail to stop for a red light. Broader "safety zones" would be utilized with the cameras rather than the high-accident locations identified in the recent city study.

Another effort being made by city officials during the pedestrian safety blitz worth mentioning is that stickers will be placed inside cabs to remind customers to call a non-emergency hotline if a cabbie is driving dangerously. A cab driver who is reported three times will be pulled in for a one-on-one with the Chicago Department of Transportation and could have his or her license revoked.

If you are riding in a cab with an aggressive or reckless driver, call 311 to report the driver. A pedestrian's life could be on the line if you fail to make the call.

Continue reading "2010 Chicago Pedestrian Deaths Remembered with Mannequins on Wacker Drive" »

Illinois personal injury lawyers hope that children getting involved with International Walk to School Day on October 5th use extra caution to avoid injury in a child pedestrian accident in Chicago or the surrounding areas while they walk to school that day.

Children are at risk of broken bones, head trauma or other serious injuries when they are walking to school if they are hit by a speeding vehicle running a red light or are hidden in the blind spot as a vehicle is backing out of the driveway.

The Illinois Department of Transportation and the Illinois State Board of Education have asked schools throughout the state to participate in the worldwide event.

The goal is for kids to have some fun while they make strides to save the earth with green transportation methods and form a healthier lifestyle. The International Walk to School event originally began in Chicago in 1997, but has evolved into international status over the course of celebrating its 15th year. In 2000, Canada and the United Kingdom joined the U.S in celebrating the event. In 2005, $612 million in funding was granted to the National Center for Safe Routes to School in order to provide pedestrians and bicyclists a safer alternative to travel to school.

The 2011 slogan for the event is "Hike it. Bike it. I like it!" For the first time in the lifetime of this event, students were encouraged to come up with a slogan to be submitted in an online contest. Anyone visiting walktoschool.org online could submit a vote for the winning slogan. Students at Horace Mann Elementary School in Oakpark were selected by popular vote for the winning slogan. As the winners, the winning school will receive a mini-grant to be used towards a week-long campaign to promote safe walking to school.

More than 140 Illinois schools have joined the event this year. For a list of schools that are registered to host an event, click here.

The Illinois Department of Transportation is offering a downloadable booklet written for kids to help students learn the basics about pedestrian and bicycle safety. If you want to obtain a copy of any of the published pamphlets geared towards pedestrian or bicycling for children and adults, visit IDOT online.

There are several event ideas that can be implemented in promoting International Walk to School Day, even for students with disabilities. Schools can organize a 'ped safety dance', incorporate bike and pedestrian safety into the classroom, or reach out to local merchants to sponsor refreshments. More event ideas and how to get started with planning an event can be viewed at walktoschool.org.

Creating awareness is the first step to keeping children safe as they walk to school. Teach children about the importance of pedestrian and bicycling safety so that they can begin to establish healthier habits by walking or biking to school each day.

Continue reading ""Hike it. Bike it" Day Aimed to Reduce Child Pedestrian and Bicycling Accidents in Chicago, Statewide" »

A hit-and-run accident in Chicago has left one elderly pedestrian dead and another in critical condition, according to the Chicago Sun-Times.

The 82-year-old female pedestrian died on her birthday as she was walking with her 78-year-old friend to get her hair done at a nearby salon. The two elderly pedestrians were attempting to cross the street when one noticed a speeding pickup truck headed right for them. Unable to react quickly enough, the speeding vehicle hit both pedestrians and kept right on going. The two elderly pedestrians were taken to Advocate Lutheran General Hospital where one was pronounced dead shortly after 12 p.m. and the other remains in critical condition.

Illinois pedestrian accident attorneys know that older pedestrians may not have the time to react to avoid a collision, but to leave the scene of an accident is a blatant act of inhumanity. Drivers that cause a collision with a bicyclist, pedestrian or other motorist and who leave the scene of an accident should be prosecuted to the fullest extent of the law.

The Chicago Tribune reports the search is on to find the fleeing vehicle that hit the elderly pedestrians and kept driving without hesitation. Mailboxes were stuffed and fliers were posted in the Jefferson Park neighborhood while police officials are looking for witnesses or anyone who can give them more information about the fatal accident.

According to the Illinois Department of Transportation, more than 15 percent of pedestrians killed by vehicles in 2010 were ages 65 and older. There were a total of 115 pedestrians of all ages killed and another 5,174 injured in 2010. Almost 28 percent of pedestrians were killed on city streets and roads and over 3,200 pedestrian accidents were during daylight hours. Cook County was by far the most dangerous county associated with car and pedestrians accidents in 2010.

In June, the Chicago Tribune reported that the city of Chicago will begin a wide-ranging plan to help pedestrians in one of the most dangerous cities in the country when it comes to crossing streets safely. Some of the suggestions include increasing surveillance, implementing pedestrian timers at intersections, shortening the distance of a crosswalk with a curb bump-out and placing median islands at 4-lane intersections so pedestrians can reach safety after crossing two lanes. Many believe that enhancing surveillance and enforcing a stricter penalty for pedestrian accidents can help with the ever-growing problem of hit-and-run deaths that are occurring.

It is estimated that 40 percent of pedestrian deaths in Chicago are the result of a hit-and-run accident, which is double the national average. Many hit-and-run drivers go unpunished because they are never caught.

Elder pedestrians residing in livable communities are advised of the following tips:
-Use less busy streets during non-peak traffic hours.
-Walk in a group whenever possible, especially when crossing the street.
-Always wear eyeglasses if prescribed for distance so you can see oncoming traffic, pedestrian timers, and traffic signals.
-Don't take chances if you don't think you can reach the other side before oncoming traffic approaches.

Continue reading "Elderly Pedestrians at Risk of Hit-and-Run Accidents in Chicago" »

A tour bus driver who was allegedly involved in a vehicle-pedestrian accident in Illinois is now facing aggravated DUI charges. These charges are on top of multiple sex charges involving children after police determined he was wanted in two separate cases, according to the Chicago SunTimes.

The Northwest Side man was accused of driving under the influence when he struck the young pedestrian as she attempted to cross the street in the 500 block of North Columbus. Court documents report that the driver tested positive for cocaine. The accident happened at about 7:00 p.m. just blocks from the woman's home. The woman died, according to the Chicago Tribune.

Our Chicago injury lawyers urge pedestrians to be careful when traveling through our busy city streets as some of the most devastating injuries can arise from vehicle-pedestrian collisions. It is critical to take immediate action in order to protect your rights.

"When I heard the details of the crash, you know, the driver heard two bumps, it just crushes me. I know. I know what it's like," said Lorraine Wesolowski, a spokeswoman for The Alliance Against Intoxicated Motorists.

The driver was held without bond at a hearing last week. He reported to have repeatedly told the paramedics that he didn't see the pedestrian as he was attempting to make a right-hand turn.

The driver has reportedly received roughly 20 previous traffic violations between 1988 and 2008. He had been working for that bus company for six months.

After the arrest for the bus accident, authorities discovered that he was wanted in two sexual-assault cases involving minors. Authorities report that in addition to the aggravated DUI charges, the driver is also facing charges of predatory criminal sexual assault of a child and aggravated criminal sexual abuse of a victim under 13.

"The whole Pontarelli family is deeply saddened by this tragedy, and our thoughts are with this young girl's family," said Pontarelli Group Charter spokesman Arthur J. Rento.

There have been more than 4,000 pedestrian fatalities, and approximately 59,000 pedestrian injuries, because of traffic accidents in 2009 in the United States, according to the National Highway Traffic Safety Association. It's estimated that a pedestrian is killed every two hours because of a traffic accident. Illinois saw more than 100 pedestrian fatalities in 2009 because of traffic-related accidents.

A Chicago injury law firm will look at how this driver was hired to drive a bus with a poor driving record and outstanding warrants for sex crimes against children.

Continue reading "Alleged Impaired Driver Kills Pedestrian in Bus Accident in Illinois " »

According to a recent report by Governor's Highway Safety Association pedestrian accidents increased during the first half of 2010, even as the overall number of traffic fatalities continued to decline.

A total of 135 fatalIllinois pedestrian accidents were reported in 2008, or 12.9% of all traffic fatalities according to the U.S. Department of Transportation.

This equated to 1.05 pedestrian fatalities per 100,000 population throughout the state of Illinois in 2008.

Our Chicago personal injury attorneys find the preliminary data for 2010 significant due to the fact that it’s the first time in 4 years there has been an increase in pedestrian fatalities. In fact, pedestrian fatalities nationwide decreased from 4,892 in 2005 to 4,091 in 2009, averaging a decline of 200 per year.

According to the preliminary data for Illinois, there were 4 less pedestrian fatalities in the first 6 months of 2010 than in 2009. But the overall number of fatalities in Illinois inched up last year, bucking the national trend. Safety advocates are concerned the downturn in traffic fatalities will reverse itself as the economy continues to recover.

GHSA Chairman Vernon F. Betkey Jr. notes, "Nationally, pedestrian fatalities account for about 12 percent of overall traffic deaths, a small but significant portion. Given that we have made so much progress in this area, GHSA is concerned to see this reversal. One factor may be the increased distractions for both pedestrians and drivers. Anyone who travels in a busy city has seen countless pedestrians engrossed in conversation or listening to music while crossing a busy street. Just as drivers need to focus on driving safely, pedestrians need to focus on walking safely – without distractions."

The Spotlight on Highway Safety Pedestrian Traffic Fatalities Study points to a couple of reasons for pedestrian fatality changes. States that have very few fatalities can go from a good year to a bad one by just 1 or 2 fatalities occurring. Another reason for the changes is the different causes that can lead to pedestrian fatalities like alcohol consumption or the age of children killed in accidents.

The final reason for change is the amount of walking that takes place in states. For instance, it is likely the pedestrian miles traveled in New York are much higher than miles traveled in Iowa. Opportunity is key for some states that have more of a likelihood of people traveling by foot in big cities like Chicago-- Illinois was ranked 12th in the nation in pedestrian fatalities for 2009.

Most health professionals are encouraging Americans to start walking more in order to maintain a healthier heart and lifestyle. Illinois pedestrians should listen to their doctor but be careful of not getting distracted while walking the busy streets of Chicago.

Continue reading "Chicago pedestrian accidents an ongoing concern" »

The Chicago Department of Transportation is reminding business, property and homeowners of their responsibility to remove show from their sidewalks.

Our Chicago personal injury lawyers know an increased risk of slip and fall hazards comes with the snow, ice, dangerous sidewalks, wet slippery floors and standing water that frequently accompany winter storms.

Our older residents are among the most vulnerable to serious or fatal injuries resulting from a slip and fall accident in Chicago.

Chicago law (Municipal Code 4-4-310 and 10-8-180) require property owners to remove snow and ice from the sidewalks in front of their properties. “Many people rely on walking and transit as their primary way to get around, and without a wide, clear path through snow and ice, it is especially difficult for people with disabilities, seniors and children to walk safely,” said CDOT Commissioner Bobby L. Ware.

The Centers for Disease Control and Prevention reports that one-third of adults over the age of 65 will suffer a fall each year. Falls are the most common non-fatal hospital admissions for trauma.

Each year, about 18,000 older adults will die from fall injuries -- a number that has risen sharply over the last decade. Each year, more than 2 million older adults are treated in hospital emergency rooms for injuries sustained in a fall and nearly 600,000 of those will be hospitalized.

The most common injuries sustained in a fall are cuts, hip fractures and head trauma. Those following the recovery of Congresswoman Gabrielle Giffords, who suffered a traumatic brain injury as the result of a gunshot wound, may be interested to know that falls are the leading cause of traumatic brain injuries in the United States.

Common fractures are most often caused by falls in our older adult population, including fractures to the spine, hip, forearm, leg, ankle, pelvis, upper arm and hand.

Additionally, a serious fall injury can have a damaging psychological impact on older adults. Many develop a fear of falling, which impacts quality of life, reduces mobility, and can actually increase the risk of a subsequent fall injury.

Continue reading "Chicago slip-and-fall accidents, premise liability issues result from wet and icy conditions" »

A 93-year-old driver remains in the hospital after crashing his car into a Metra train in Northbrook on Monday. The car was cut in half and came to rest in two pieces alongside Dundee Road. Investigators believe the driver somehow circumvented the crossing gate, which was down with signals flashing at the time of the Chicago car accident, the Chicago Tribune reports.

Just last week a 17-year-old Taft High School sophomore was struck and critically injured after he ran across the tracks at Northwest Hwy. and Nagel Ave. with a group of friends. According to the Chicago Tribune, students frequently race across the tracks whether the caution lights are flashing or not. From 2005 to 2009, there have been six Chicago vehicle-train accidents at Nagel, which is considered one of the most dangerous crossings within a six-county Chicago region.

In March, a 34-year-old woman and the one-year-old child were killed after being struck while crossing the tracks in front of an inbound Metra commuter train in North Chicago, WGN-9 reports.

In a separate story, WGN-9 reports that Metra engineers have been cited in at least two derailment incidents between 2003 and 2005 that killed two and injured more than 160. At least $30 million has been awarded in separate verdicts to injured passengers.

Operation Lifesaver is a non-profit organization that aims to reduce the incidents of collision, fatalities and injuries at rail crossings and along train tracks through public awareness campaigns. They offer the following safety tips for drivers:

FOR DRIVERS:
~ Never stop on a train track, once you enter a crossing, keep going – even if lights are flashing and gates come down. With that said, NEVER drive around downed crossing gates.

~ Treat every rail crossing as if a train were approaching whether you see one or not. Never assume you have the right-of-way. If you do stop at a rail crossing, be sure you are at least 15 feet from the nearest rail.

~ If your car stalls out or gets stuck on a train track, get everyone out of the vehicle immediately and walk in the direction of the train at a 45-degree angle until you have put considerable distance between yourself and the track. Remember, trains travel at rates of speed up to and in excess of 60 m.p.h. and can take more than a mile to stop. In short, debris from a vehicle-train accident can and will travel a surprising distance. To avoid being struck by crash fallout, get away from the track.

~ Once you have gotten a safe distance from the track, call 911.

Of course, pedestrians should ONLY cross tracks at designated pedestrian or roadway crossings. They should NEVER attempt to out-run an approaching train, or use a train track as a walk path.

Continue reading "Chicago train accidents endanger drivers, pedestrians, passengers" »

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" »

Police have located and ticketed a Chicago woman for an early morning hit-and-run crash that claimed the life of an elderly man in front of his South Side home.

Veronica Rangel, 33, was cited for disregarding a traffic light, failure to report an accident, failure to reduce speed, reckless driving and operating a motor vehicle without insurance, police said.

Marcos Rocha, 71, was struck by Rangel’s vehicle outside his house and pronounced dead at Holy Cross Hospital at 2:30 a.m. An autopsy showed Rocha died of multiple injuries from an automobile striking a pedestrian. The death was ruled an accident, reported the Cook County Medical Examiner’s office.

Rangel was driving a white 2002 Ford pickup south on California when Rocha stepped out onto the street from between two parked cars and was struck. After being hit, Rocha landed on the hood of the truck before Rangel fled the scene.

Car Accidents in Chicago

Unfortunately, accidents do happen. However, if a driver of an automobile strikes a human being, it is against the law to leave the scene, frightened or not. 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.

Hit-And-Run Driver Cited; Crash Killed Elderly Man, CBS2Chicago.com, November 30, 2008

Continue reading "Hit-and-Run Driver Cited in Death of Elderly Man " »

Particularly tragic injury cases result from vehicle versus pedestrian collisions. Often the injuries are severe and sometimes result in death. On July 19, 2007 in Chicago a father of three was killed when apparently struck by a vehicle. He was found nearly a mile away from his home underneath the vehicle that had struck him. For more details: Detroit Free Press.

Not only will the driver be facing criminal charges stemming from this incident but the surviving family will have the right to pursue civil claims against the driver for compensatory damages. In the event the driver is not covered by any insurance, hopefully the family is protected under their own insurance coverage for Uninsured Motorist claims. The apparent failure of the driver to notice this individual after striking him elevates the egregious nature of this crime.

Pedestrian versus auto accidents can also occur when the negligence in the matter is not so clear. Protecting your rights by consulting a lawyer when you have been injured in such a fashion is imperative to the success of your case. On Sunday, July 22, 2007 another pedestrian was injured when attempting to cross Lake Shore Drive. In this instance, after being struck by the mirror of one vehicle, then hit by another passing car, both drivers stopped. For more details: Chicago Tribune.

In both of these instances the pedestrians and their families have sustained significant loss, loss however, is not the only factor in procuring a successful result. A determination of the liability in each case based on the facts will have to be made. When the damages could reach potential amounts into the millions of dollars, the experience of a seasoned personal injury lawyer can be a comforting asset to the injured parties and their families in their times of need.