Cook County Personal Injury Lawyer - Automobile Accidents

Employers may be liable for Drivers’ Multitasking

Kristina Labanauskas — Fri, 11 Sep 2009 15:37:47 GMT

It should come as no surprise that the use of personal electronic communications devices while driving is unsafe. In fact, a recent report reveals that driving while using hands-free cell phones and other communications devices is nearly as unsafe as driving while using hand-held devices.

Many state laws and local ordinances governing the use of electronic devices while driving expose employers to new liability, which can be considerable.

To date, no state entirely bans using cell phones, but thus far six states ban hand-held cell phone use and 17 states and the District of Columbia ban text messaging for all drivers.

A lawyer could use the violation of a local ordinance as evidence of negligence to prove that the employee, and therefore the employer, is liable for the accident. A lawyer might also seek some sort of punitive element as well because legitimate studies link electronic device use to accidents.

In a perfect world, ordinance or not, drivers would completely refrain from texting or talking while driving to ensure their own safety and the safety of others on the road. But, for their own protection, employers should consider having a policy for employees using a company vehicle to abide by all applicable laws and rules of the road. Thus, if an accident happened, the employee would arguably be acting outside of the scope of their employment, and the employer would therefore not be liable. Additionally, if someone violates state law while working, that could potentially be grounds for discipline or termination, which is a useful deterrent.

Originally posted at InjuryBoard by Kristina Labanauskas

With some car crashes, there is more than meets the eye

Barry Doyle — Sun, 07 Jun 2009 14:54:17 GMT

Not every car crash requires the help of a personal injury lawyer. Coming from an Illinois personal injury attorney that may strange, but for some car accidents, especially those with soft tissue injuries, the car accident victim may come out ahead economically by dealing directly with the insurance company without the assistance of a lawyer because the lawyer may not add enough to the settlement to justify the fees and costs incurred. However, where there the accident results in a wrongful death or more serious injuries such as brain injuries, ruptured disks, or broken bones that require surgery to repair, personal injury lawyers can provide a valuable service to car accident victims by identifying other defendants who may be potentially liable for the injuries from the car crash.

One issue that must be investigated in any serious auto accident case is whether the negligent driver was working when the wreck happened. Under a legal doctrine known as respondeat superior, an employer is liable for the negligence of its employees, including unsafe driving of a car or truck. In some of the car accident cases our office has handled, our investigation showed that the negligent driver was working when the crash happened. This allowed us to reach the insurance coverage of the employers to compensate our clients, instead of being limited to the employee’s personal car auto liability policies. For example:

Our client suffered serious injuries that required a hip replacement and a knee replacement in an auto accident at O'Hare Airport. The other driver was a bank employee who was going to the airport to pick up an executive for a meeting. Since the trip to the airport was work-related, the bank was liable for his unsafe driving.
In a pedestrian knockdown accident, our client was walking in a crosswalk when she was struck by a turning car and broke several bones. The driver was a salesman for a drug company who was going to a medical office for a sales presentation when accident occurred. This meant that the drug company was also liable for our client’s injuries.

In both of the auto accident cases described above, we learned during our investigation that there were other entities which could be held liable for the injuries our clients suffered. Our clients were able to recover significantly larger amounts of compensation for their injuries because of what we learned through our investigation. People who are in serious car accidents owe it to themselves and their families to make sure that there is a proper investigation by an experienced personal injury lawyer to identify all of the potentially liable defendants before signing away their rights in a settlement.

Originally posted at InjuryBoard by Barry Doyle

South Side Crash leads to death, injury for pedestrians

Kristina Labanauskas — Mon, 06 Apr 2009 15:16:20 GMT

A Northwestern Memorial Hospital manager was killed and a 7-year-old boy was severely injured on Saturday morning at Ashland Avenue and 95^th Street after two vehicles collided near the intersection. The driver of one vehicle was cited with failure to yield on a left-hand turn.

Failing to yield at an intersection, or really anywhere, can lead to injuries and even death, and Saturday’s accident is a tragic example. Remember always to follow the rules of the road when driving, for your safety, the safety of your passengers and for other drivers and pedestrians on the roadway.

Originally posted at InjuryBoard by Kristina Labanauskas

Illinois Dram Shop Law And 2009 Liability Limits

Kristina Labanauskas — Tue, 03 Mar 2009 19:55:00 GMT

When someone is injured by a drunk driver, the injured person has the right to pursue a claim for negligence against the driver. In addition to the negligence claim, the injured person may also have a Dram Shop cause of action.

TheIllinois Liquor Control Act, also known as the Dram Shop Act, gives any person injured by an intoxicated person the right to sue the intoxicated person, the vendor or person who sold the liquor to the intoxicated person, and the owner of the premises at which the intoxicated person became intoxicated, if it is in the business of selling liquor for a profit. Essentially, if the business is responsible for causing that person to become intoxicated illegally, the business owner may be liable. This area of the law is known as Dram Shop Law.

Several key points to know about Dram Shop cases include time limitations and defenses. It is essential to note that these types of cases must be brought within one year of the date of the occurrence. Also, a business may defend itself by asserting what’s called complicity. Complicity is a judicially created doctrine by which a licensee may not be liable for the injuries sustained by a third party from one of the licensee’s patrons if the third party contributed to the intoxication of such patron.

Another key point is that there are statutory limits on the amount an injured person can recover. Each year the Comptroller determines the liability limits for cases brought under the Dram Shop Act. Section 6-21(a) of the Liquor Control Act of 1934 (235 ILCS 5/6-21(a)) requires the Comptroller to determine these limits each year in accordance with the consumer price index-u during the preceding 12-month calendar year.

From 2003 to present, the dram shop liability limits have steadily increased. Currently, the dram shop liability limit for causes of actions involving persons injured, killed or incurring property damage is $58,652.33 per person incurring such damages. Likewise, for those claiming loss of means of support or loss of society resulting from the death or injury of a person, the judgment or recovery limits is $71,686.18. These limits were $50,467.11 and $61,682.02, respectively, in 2003.

If you have been injured by a drunk driver or by someone who you know to have been intoxicated at the time of your injury, you should contact a legal professional to discuss whether you should pursue legal action.

Originally posted at InjuryBoard by Kristina Labanauskas

Three-vehicle Auto Accident in Sugar Grove

Kristina Labanauskas — Mon, 09 Feb 2009 11:22:26 GMT

Just before 7 a.m. this morning, three vehicles were involved in an automobile accident that left three people, all drivers, seriously hurt.

The accident took place along Illinois 47 just north of Jericho road. A two-mile stretch of the road was shut down as a result of the crash.

Victims were taken to Provena Mercy Medical center in Aurora. Authorities have not said what types of injuries were suffered. There were no passengers in any vehicle involved.

Originally posted at InjuryBoard by Kristina Labanauskas

Allstate reports consumers reducing coverage

Barry Doyle — Fri, 30 Jan 2009 17:41:44 GMT

With tough economic times all around, Allstate Insurance Company announced that many consumers are reducing the amount of automobile liability insurance coverage they are obtaining. Of course, with many consumers reducing the amount of coverage they buy, one also suspects that many are simply doing without, even in the face of Illinois' mandatory automobile insurance law.

There are a couple of take-aways from this news story for consumers who are still able to buy the kind of coverage that truly protects them in the event of an accident. First, they should obtain as much medical payments coverage as possible. This is a no-fault coverage which covers your medical expenses, up to your policy limit. With rising health care costs and the prospect of more drivers on the road with no insurance or inadequate insurance, the only one who can help assure the payment of your medical expenses is you, and this coverage will help with that. Second, you should obtain as much uninsured and underinsured coverage as your carrier will sell you. Uninsured and underinsured coverage applies when you or a member of your household are involved in an accident with a driver who has no insurance or inadequate insurance. It applies even when you are not in the car which is covered, in situations such as being hit by a car while a pedestrian.

These are important coverages to have because they safeguard you and your family against the fault of drivers who do not carry enough insurance to cover the damage they cause. It is also usually cheap coverage compared to the benefits you will receive in the event of a serious accident.

Originally posted at InjuryBoard by Barry Doyle

Safety Group Advocates Total Ban on Cell Phone Use While Driving

Kristina Labanauskas — Fri, 16 Jan 2009 12:29:00 GMT

The National Safety Council is the first major national safety group to call for a total ban on using cell phones while driving, including hand-held and hands-free cell phones. The group also says businesses should prohibit employees from using cell phones while driving on the on the job.

According to the group, cell phone use while driving is dangerous and leads to fatalities. They note that cell phone use while driving differs from other dangerous driving behaviors in that there is a greater magnitude of cell phone users.

There are 270 million cell phone users in the U.S. and 80 percent of them talk on the phone while driving.

While those numbers are staggering, in almost every state, it is up to drivers to determine whether it is worth the risk to use a cell phone while behind the wheel.

Presently, no state bans all cell phone use while driving. Six states (California, Connecticut, New Jersey, New York, Utah and Washington), and the District of Columbia ban using hand-held cell phones while driving, however. Here in Chicago, it is illegal to talk on your cell phone while driving.

Other groups, though in agreement that there are dangers involved, note that a ban would be difficult to enforce.

Originally posted at InjuryBoard by Kristina Labanauskas

Mundelein Car Crash

Kristina Labanauskas — Thu, 20 Nov 2008 18:02:05 GMT

A car collided with a gravel truck in Mundelein on Wednesday morning, resulting in serious injuries to the female driver. The accident took place at Route 83 and Hawley Street.

The woman was taken to Advocate Lutheran General Hospital in Park Ridge. No one else was injured.

Originally posted at InjuryBoard by Kristina Labanauskas

8 People Hurt in Northwest Side Ambulance Crash

Kristina Labanauskas — Fri, 31 Oct 2008 18:25:09 GMT

The crash took place about 9:10 a.m. at Addison Street and Menard Avenue near Our Lady of Resurrection Medical Center on Chicago’s Northwest side.

The ambulance was en route with two patients to Our Lady of Resurrection. According to police, preliminary reports indicated that the ambulance was eastbound on Addison when it was hit by a vehicle southbound on Menard, which vehicle then flipped over and slid into a vehicle headed northbound on Menard. At some point, a fourth vehicle rear-ended the northbound vehicle and fled the scene.

The eight injured people were taken to Our Lady of Resurrection, Swedish Covenant Hospital, Advocate Illinois Masonic Medical Center, Advocate Lutheran General Hospital in Park Ridge and West Suburban Hospital in Oak Park.

According to police after assessing initial reports, none of the injuries was believed to be life-threatening.

Originally posted at InjuryBoard by Kristina Labanauskas

LaSalle County School Bus Crash

Kristina Labanauskas — Tue, 21 Oct 2008 18:32:37 GMT

A school bus and a pickup truck collided this morning in unincorporated LaSalle County. The accident took place northwest of Sheridan at North 42^nd Road and Hoxsey.

After the vehicles collided, the bus, which was transporting 21 students, rolled over. According to the LaSalle County Sheriff’s office, there did not appear to be any life-threatening injuries. Students were transported to Valley West Community Hospital and Ottawa Regional Hospital.

Originally posted at InjuryBoard by Kristina Labanauskas