Chicago Trucking Accident Lawyer Blog

On April 6, 2013, attorney Larry R. Rogers, Jr. of Power Rogers & Smith, P.C., educated fellow Illinois trial lawyers regarding investigation and proving liability in trucking accident cases. Mr. Rogers was an invited speaker at the Illinois Trial Lawyers Association's Transportation Seminar which provided continuing legal education to attorneys on various transportation cases, including trucking accident cases. In his speech, Mr. Rogers addressed the complexities involved with representing a victim of a trucking accident. Specifically, Mr. Rogers provided information on how the evolution of the trucking industry has changed and thus when pursuing cases for victims, it is necessary to investigate the, likely, numerous entities who may be involved in the ownership and leasing of the truck, loading of cargo, and employment of the driver. Mr. Rogers also educated the attorneys on the role that the Federal Motor Carriers Safety Administration and the Federal Motor Carriers Safety Regulations play in the transportation industry. According to Mr. Rogers, "these regulations are important as they can assist the plaintiff's attorney in identifying when and where equipment failures occurred and where liability may be shared between the driver and the intermodal equipment provider for poor inspections of equipment." Mr. Rogers also educated the trial attorneys on the role that "hours of service" violations may play in accidents, how to evaluate the driver's log book, and other important Federal Motor Carrier Safety Regulations that attorneys should review when investigating and pursuing a trucking case for a victim. As he stressed in his speech, timely investigation of trucking accidents and the vehicles involved is of the utmost importance and suggested the use of a Protective Order, visiting the scene, and inspecting the vehicles as soon as possible after the occurrence. According to Mr. Rogers, by securing this information and reviewing it prior to issuing discovery, you then have the ability to tailor your discovery requests, requests to admit facts, production requests, and discovery depositions to narrow the issues from the outset of the case.

Mr. Rogers, a partner at Power Rogers & Smith, P.C., was honored to participate in the Transportation Seminar and firmly believes that the continuing legal education seminars provided to attorneys by the Illinois Trial Lawyers Association are a great way to share your knowledge and expertise that you've garnered through the years with other attorneys who are interested in protecting victims' rights.

Each year, attorneys in Illinois are required to obtain a certain number of "continuing legal education" credits in order to maintain their license to practice law. This requirement was first established in September of 2005, when the Supreme Court of Illinois ratified Supreme Court Rules 790-798. For more information on the Continuing Legal Education requirements set forth by the Illinois Supreme Court, please click here. For more information on the Illinois Trial Lawyers Association and the education programs they offer, please visit their website by clicking here.

Continue reading "LARRY R. ROGERS, JR. SPEAKS TO ILLINOIS TRIAL LAWYERS ABOUT TRUCKING ACCIDENT CASES" »

On February 3, 2006, Ronald Leonard was working as a truck driver for D.C.S. Trucking Company and was working at a construction project along the shoulder of the eastbound lanes of Interstate 90 in Dundee Township, Illinois. The general contractor of the project was Kenny Construction Company. Mr. Leonard was helping Kenny Construction employees disassemble a lattice boom in order to transport the boom to the westbound lanes of Interstate 90. Mr. Leonard was injured when Kenny Construction employees were swinging the initial 45 foot portion of the lattice boom without tag-lines, causing the boom to swing wildly over the head of Mr. Leonard, who had been standing on the back of his flatbed truck behind a concrete protective wall and into a lane of moving traffic on I-90. The boom was struck by a tractor-trailer and propelled back into Mr. Leonard, striking him in the head and chest. As a result of being struck by the lattice boom, Mr. Leonard suffered multiple facial fractures requiring extensive surgeries and treatment. For more information on Mr. Leonard's injuries, please click here.

Joseph A. Power, Jr. and Sean M. Houlihan of Power Rogers & Smith, P.C., represented Mr. Leonard and filed suit against Kenny Construction Company alleging its negligence was the cause of his injuries. Kenny Construction Company subsequently filed a complaint for contribution against Celadon Trucking Services and Ronald Bicksler alleging that their negligence also contributed to Mr. Leonard's injuries. Kenny Construction admitted fault to being a cause of Mr. Leonard's injuries and settled its cause of action with him for $3.1 million dollars to compensate him for his injuries. For more information on this settlement, please click here. As further part of that settlement agreement, Kenny Construction assigned its claim for contribution against Celadon Trucking Services and Ronald Bicksler to Mr. Leonard to pursue.

Mr. Leonard's attorneys, Joseph A. Power, Jr. and Sean M. Houlihan of Power Rogers & Smith, P.C. pursued the claim for contribution against Celadon Trucking Services and Ronald Bicksler as an assignee of Kenny Construction Company. The claim for contribution alleged that Celadon Trucking and its driver Ronald Biskler were partially liable for Mr. Leonard's injuries due to Mr. Bicksler's failing to keep a proper lookout for construction hazards, failing to slow down his tractor trailer to avoid construction hazards and failing to move into the adjacent lane of traffic as he approached and entered a construction zone, pursuant to Illinois statute. It was alleged by Mr. Leonard that these various failures were a cause of the lattice boom being struck by the tractor-trailer and being propelled back into Mr. Leonard. This case proceeded to trial. During trial, Defendants Celadon Trucking Services and Ronald Bicksler agreed to settle this matter for $150,000.00. Prior to trial, the Defendants had offered $20,000.00 to settle which Mr. Leonard as assignee for Kenny Construction, rejected.

Due to the assignment of the Kenny Construction action for contribution against Celadon Trucking Services and Ronald Bicksler, Mr. Leonard was compensated an additional $150,000.00 further supplementing the prior 3.1 million dollar settlement with Kenny Construction Company he had received for compensation for his injuries. For more information on that settlement, please click here.

Continue reading "ADDITIONAL $150,000.00 SETTLEMENT DURING TRIAL FOR SCHAUMBURG TRUCK DRIVER WHO PREVIOUSLY RECEIVED $3.1 MILLION FOR COMPENSATION FOR INJURIES" »

The Commercial Vehicle Safety Alliance (CVSA) recently released its results from its 2012 Operation Air Brake/Brake Safety Week program finding 15.3% of the trucks inspected had severe enough brake maintenance problems to pull them out of service until the necessary repairs were made. This number was up from 2011 when 14.5% of the trucks inspected were put out of service due to severe brake maintenance problems and 2010 which saw 13.5% of trucks inspected pulled out of service. Throughout the 2012 Brake Safety week, the CVSA inspected over 21,000 trucks throughout the United States and Canada. This process includes inspecting the driver's license, the registration of the vehicle, the low air warning device, the pushrod travel (adjustment), the brake linings/drums, the air loss rate (if a leak was detected), and the tractor protection system. If a truck is found to have brake related defects, the truck is then placed out of service until these defects are repaired.

Every year, numerous highway crashes are caused, in part, due to faulty braking systems on commercial vehicles. The stopping distance for trucks or other commercial vehicles is affected when they have faulty braking systems, including poorly adjusted or defective air brakes. Drivers of trucks operating their truck with brakes out of adjustment or with defective air brakes put all those on the road at risk and increase the likelihood of crashes involving these vehicles. While, according to the CVSA, it only takes a few minutes for a driver to adjust some air brakes and check for other brake-related defects, it has found that many drivers do not do so due to a lack of driver education and not having the commitment to safety. Clearly there is a need for more enforcement and regulation of brake safety in commercial vehicles in the United States for the safety of everyone on the road. The results from the CVSA program indicate a need for increased driver education and increased inspections to ensure the safety of the public on our roadways and that these dangerous commercial vehicles are taken out of service.

The Commercial Vehicle Safety Alliance (CVSA) is an international not-for-profit organization comprised of local, state, provincial, territorial, and federal motor carrier safety officials and industry representatives from the United States, Canada, and Mexico. Its mission is to promote commercial motor vehicle safety and security by providing leadership to enforcement, industry, and policy makers. Programs such as the Operation Air Brake/Brake Safety week are important programs as they help promote safety on our roadways and shed light on the dangers that commercial vehicles pose when they are not properly maintained.

For more information, see the CVSA Operation Air Brake/Brake Safety Week website.

Continue reading "Results of Brake Safety Week Inspections Reveal An Increase In Number Of Commercial Vehicles With Severe Brake Maintenance Problems" »

On May 22, 2008, the Plaintiff was a pedestrian in a parking lot when he was struck by a commercial trailer. The trailer had separated from a tractor driving across the parking lot and struck the Plaintiff as he stood faced in the opposite direction placing a package in the trunk of his car. According to the police investigation, the trailer traveled over 30 feet across the parking lot after it had separated from the trailer with the trailer's brakes significantly out of adjustment and fully defective. Plaintiff's counsel took numerous depositions in the case and established that the brakes on the trailer at issue were completely defective. Had a number of the defendants identified the problems with the trailers brakes and had them repaired or replaced prior to the date of the occurrence, the trailer would have stopped before it struck the Plaintiff.

The Plaintiff filed this cause of action against Elite Cartage and their employee driver alleging, amongst other things, that the driver failed to attach the trailer to the tractor, failed to perform a proper pre-trip inspection which would have identified the ineffective trailer brakes, and the driver who moved the trailer the day before the occurrence failed to identify and report the trailer's defective brakes. The original cause of action also contained allegations against APL, Pacer Global Logistics, St. George Warehouse of Illinois, Inc., and Toyo Inc. America. The Plaintiff alleged that APL and Pace who owned, leased, and maintained the trailer at issue had failed to inspect and maintain its own trailer's brakes and that they were also liable for the actions of the driver of the tractor trailer under the Federal Motor Carrier Act. The Plaintiff further alleged that St. George's Warehouse was negligent in the failure to inspect the brakes on the trailer when their driver moved it the day before the occurrence. The allegations against Toyo Inc. America were that it failed to post speed limit signs and/or implement other changes to control motor carrier traffic on its lot. The Plaintiff later amended his complaint adding Interpool, Interpool Titling Trust and Trac Lease which were other entities involved in the ownership of the trailer at issue. The allegations against these entities was based in their failure to inspect and maintain its own trailer's brakes. Additionally, the Plaintiff named Bear Carthage and JAS Trucking as defendants which were trucking companies which moved the trailer prior to the date of the occurrence and failed to inspect the trailer's brakes. Union Pacific Railway was also named as a defendant in this matter for their failure to properly inspect the trailer's brakes when the trailer traveled into and out of its rail yards.

As a result of being struck by the trailer, the Plaintiff suffered lower extremity injuries including an L4-L5 fracture/dislocation which required spinal fusion/instrumentation and a left L4-L5 nerve root injury. The Plaintiff's injuries are permanent and lifelong injuries to various areas of his bodies which will likely required future revision surgeries.

The Defendants collectively agreed to settle this matter with the Plaintiff for $6,850,000.00 on September 11, 2012.

The Plaintiff was represented by Todd A. Smith and Devon C. Bruce of Power Rogers & Smith, P.C.

Continue reading "$6,850,000 SETTLEMENT FOR 66 YEAR OLD CHICAGO AREA PLAINTIFF WHO WAS INJURED WHEN STRUCK BY A COMMERCIAL TRAILER" »

On September 25, 2012, Power Rogers & Smith filed a lawsuit on behalf of Raghunath Avhad and Vaishali Avhad, who were injured and their daughter, Dr. Aditi Avhad, who was killed in the August 2, 2012 Megabus accident. The Avhads are represented by Joseph A. Power, Jr., Larry R. Rogers, Sr., and Devon Bruce of Power Rogers & Smith, P.C.

On August 2, a Megabus double decker vehicle carrying 81 passengers struck an overpass pillar on Interstate 55 about 55 miles outside of St. Louis in Illinois killing one passenger and injuring numerous other passengers. Initial statements from the Illinois State Police indicate that the cause of this accident was one of the tires on the bus blowing resulting in the bus veering off the road.

Power Rogers & Smith previously filed suit on behalf of other passengers who were injured in the crash in Litchfield, Illinois. For more information on these suits, please click here. An Order preserving all materials, including video, data from the black box, all reports and witness statements from the Megabus crash was previously entered by Judge Flanagan on August 14, 2012 which is critical for preserving evidence to aid the plaintiffs in proving their claims and understanding how this tragic crash occurred. In addition to protecting the evidence surrounding the August 2, 2012 crash in Southern Illinois, this Order of Protection also preserves evidence from an August 8, 2012 Megabus crash near Atlanta, Georgia in which another double decker bus was involved in an accident after a tire blew out.

The Plaintiffs are represented by Joseph A. Power, Jr., Larry R. Rogers, Sr., and Devon Bruce of Power Rogers & Smith, P.C.

Continue reading "Power Rogers & Smith files suit on behalf of doctor who was killed and her parents who were injured in Megabus accident" »

A Cook County jury returned a $3.1 Million verdict for the death of a 40-year- old unemployed homemaker woman struck and killed in a hit and run collision. The jury awarded, $1 Million for 10 seconds of pain and suffering, a significant award for that element of damages for that period of time. Plaintiff alleged the hit and run was committed by a yellow school bus on its morning route to take children to school. The following day, after the hit and run, the police inspected the yellow bus, and later performed a detailed inspection with evidence technicians, and found no damage to the bus and no evidence that the vehicle struck the pedestrian. No one was charged with the hit and run. Through the use of surveillance video from an ATM camera 2 blocks away, captured by the police and enhanced by the plaintiff, plaintiff was able to identify an unnamed yellow school bus and correlate it through time records with the bus driver's route and a witness who did not see the collision but saw the bus leaving the scene. Despite the driver, a church deacon, denying that he struck a pedestrian and denials of anything unusual from children on the bus, plaintiffs were able to prove that the driver struck the pedestrian in the crosswalk and dragged her for 500 feet down the street.

The defense retained accident reconstructionist, John Goebelbecker and world renowned forensic pathologist from the Drew Peterson case and others, Dr. Michael Baden, who both opined that the physical evidence was inconsistent with the decedent having been dragged 500 feet by a bus. They each further opined that at 5 foot and 291 lbs. she was too fat to fit under the bus and her lack of injuries as well as little roadway evidence of dragging were inconsistent with a bus causing her injuries and death.

Before trial, the defendant offered $500,000 to settle the case. After closing arguments, and minutes before the jury came back, the defendants made a final offer of $1.5 million, which was rejected. Joseph A. Power, Jr. of POWER ROGERS & SMITH, P.C., lead counsel on the case stated, "The jury worked hard and appreciated the tragic nature of Mrs. Valadez's pain and suffering as evidenced by their award of $1 Million in damages for the brief time she was under the bus." The sole heir, Mr. Valadez, was awarded $2.1 Million for the loss of his wife's society and services. Mr. Valadez was represented by Joseph A. Power, Jr. and Larry R. Rogers, Jr. of Power Rogers & Smith, P.C. Positive Connections, Inc. was represented by William Johnson and Joseph Spitzerri of Johnson & Bell.

Continue reading "Cook County Jury Awards $3.1 Million For The Death Of A 40 Year Old Unemployed Homemaker Woman Struck And Killed In Hit And Run" »

The investigation after the Megabus accident in downstate Illinois on August 2, 2012 which killed one passenger and injured numerous others has prompted an emergency bulletin to be issued to motorcoach companies across the nation regarding the tires on the buses.

On August 17, the Federal Motor Carrier Safety Administration issued a Motorcoach Safety Advisory Bulletin specifically addressing Excessing Tire Load Ratings to address a critical safety concern related to the safe operation of motorcoaches. The bulletin statesm "In these days of increased travel on motorcoaches, some motorcoaches are being loaded with high numbers of passengers and their associated baggage, potentially resulting in loads that are neat the safety capacity of the motorcoach tires." In publishing the bulletin, the Federal Motor Carrier Safety Administration hopes to raise awareness on this issue and increase the safety of motorcoach operations, such as those on Megabus. Interestingly, the safety advisory bulletin noted that this issue has "particular implications to double deck buses (with high passenger/cargo loading) used for intercity transportation" which is the type of bus that was involved in the tragic Megabus accident in downstate Illinois. The bulletin goes on to state, "A tire on a motorcoach loaded beyond its weight rating, operated at highway speeds for a significant period of time, is more likely to overheat and fail, possibly placing the lives of passengers and other motorists at risk." The bulletin went on to state that "this concern is heightened when motorcoaches are operating in the extremely hot temperatures experienced across the Nation this year."

Initial investigations into the August 2 Megabus accident in downstate Illinois on I-55 have indicated that a blown tire may have been the cause of the accident, however the investigations are still pending. In addition to this August 2 accident in Illinois, another Megabus caught fire on August 8 after a tire blew out while on an interstate near Lavonia, Georgia. According to initial reports, the buses in both incidents were heavily loaded and operating on extremely hot days which are concerns noted in the bulletin.

On August 14, 2012, Power Rogers & Smith filed lawsuits on behalf on five passengers who were injured on the Megabus accident on August 2 in downstate Illinois. Among the allegations against Megabus and its driver are allegations that they failed to properly maintain and inspect the bus, including its tire, and that the driver was negligently operating the bus at the time of the accident.

The Plaintiffs are represented by Joseph A. Power, Jr; Larry R. Rogers, Sr.; Thomas M. Power; and Devon Bruce of Power Rogers & Smith, P.C.

References:
Federal Motor Carrier Safety Administration, Motorcoach Safety Advisory Bulletin: Exceeding Tire Load Ratings, August 17, 2012

Megabus investigations prompt tire warning, Chicago Tribune, August 17, 2012

Continue reading "Megabus Accident Investigation In Illinois Leads To An Emergency Bulletin On Tires" »

On August 2, a Megabus double decker vehicle carrying 81 passengers struck an overpass pillar on Interstate 55 about 55 miles outside of St. Louis in Illinois killing one passenger and injuring numerous other passengers. Initial statements from the Illinois State Police indicate that the cause of this accident was one of the tires on the bus blowing resulting in the bus veering off the road. However, a full investigation is underway and is not expected to be completed for a few weeks.

Among the injured were Lewis Vaughn IV, a 24 year, who sustained two broken legs, fractures to his arm, hip and pelvis, as well as a crushed ankle and heel according to his attorney, Joseph A. Power, Jr. , of Power Rogers & Smith, P.C. Mr. Power filed a lawsuit on Mr. Vaughn's behalf on August 14, 2012 in the Circuit Court of Cook County against Megabus and their driver alleging, amongst other things, that they failed to properly maintain and inspect the bus, including the tires. Additionally, Mr. Vaughn's lawsuit alleges that the driver was negligent in his operation of the bus by operating the bus at a speed that was too fast for the conditions as well as failing to avoid the collision.

In addition to the lawsuit filed on Mr. Vaughn's behalf, Mr. Power has also filed a lawsuit against Megabus and their driver on behalf of Mary Jane Klein, her two young sons, Brandon and Nicholas Eckstein, and her relative Eleanor Klein for the injuries they sustained in the crash. The Klein Family were passengers on the Megabus headed to St. Louis to visit relatives when their trip was ended before they even arrived to see their family as a result of this bus accident. According to their attorney, Mr. Power, the Klein Family members all suffered various injuries in the Megabus crash, with Nicholas being the most severely injured of the family members suffering a broken shoulder, wrist, ankle, and leg. The lawsuit filed on behalf of the Klein Family members is also against Megabus and the driver of the bus alleging similarly to Mr. Vaughn's suit, that Megabus failed to maintain and inspect the bus, including the tires, and the driver was negligent in his operation of the bus.

Immediately after filing the lawsuits on behalf of Mr. Vaughn and the Klein Family members, Mr. Power filed a Motion for a Protective Order that was granted by the Honorable Judge Kathy Flanagan of the Circuit Court of Cook County. This protective order will cause Megabus to protect and preserve evidence related to the accident. As Mr. Power stated, "Preservation of evidence in this case is critical. If the evidence is lost - for example, the blown out tire - the Plaintiff will have a much more difficult time proving his claim and understanding how this tragedy occurred. That is why it is imperative that we moved for a Protective Order immediately upon filing this lawsuit."

The Plaintiffs are represented by Joseph A. Power, Jr; Larry R. Rogers, Sr.; Thomas M. Power; and Devon Bruce of Power Rogers & Smith, P.C.

References:
Three lawsuits now filed against Megabus over downstate crash, Chicago Suntimes, August 14, 2012

3 suits filed over deadly Southern Illinois bus wreck, Chicago Tribune, August 14, 2012

Chicago Daily Law Bulletin, August 15, 2012

Megabus crash in Illinois: At least 1 dead, 30+ Injured, ABC News, August 2, 2012

Continue reading "Power Rogers & Smith files suit on behalf of those injured in Megabus accident on downstate Interstate 55" »

A 62 year-old man from Schaumburg, Illinois will receive $3.1 Million as compensation for the serious injuries he suffered when he was struck by the boom of a crane that was being hoisted onto his truck.

On February 3, 2006, Ronald Leonard was working as a truck driver for D.C.S. Trucking Company and was working at a construction project along the eastbound lanes of Interstate 90 at mile-marker 25.5 in Dundee Township, Illinois. The general contractor of this project was Kenny Construction Company. Ron was helping Kenny Construction employees dissemble a 45-foot portion of a crane boom in order to place the boom onto his truck's flatbed trailer. The boom was being hoisted by a crane; however, the boom was not properly secured by Kenny employees. Due to the failure to use a guideline/tagline, the boom swung wildly over the trailer bed, where Ron was standing, and into the eastbound lane of traffic on Interstate 90, where it was struck by a tractor-trailer and propelled back towards Ron. The boom struck Ron in the face, knocking him several feet and off of the trailer bed and onto the ground.

As a result of being struck in the head, Ron's jaw was fractured in multiple places, he lost 6 teeth and part of his jawbone. Ron also suffered multiple lacerations on his face, fractured ribs and a left rotator cuff tear. As a result of the injuries to Ron's mouth and jaw, he suffered extensive bone loss resulting in an overbite, the need for 2 bone grafts and problems with chewing due to his jaw being mis-aligned. Also, due to the lacerations to his tongue, Ron's lost his sense of taste.

In addition, Ron suffered a closed head injury which has left him with permanent memory impairments.

Ron was represented by Joseph A. Power, Jr. and Sean M. Houlihan of Power Rogers & Smith, P.C. "Our client is very happy to have this behind him and be able to move on with his life," said Mr. Power. Mr. Houlihan added, "This accident could have easily been avoided had proper procedures been followed. This settlement compensates Ron for all of the medical expenses he incurred as well as the pain and suffering he has had to endure."

Continue reading "Schaumburg Truck Driver Struck by Crane Boom Settles Case for $3.1 Million" »

On May 6, 2008, the one of the plaintiffs was operating her motor vehicle with the other two plaintiffs as passengers when they were read-ended by a truck owned by Acme Trucking Company and being operated by one of its employees. The three plaintiffs filed this action against Acme Trucking Company (doing business as Acme Refining Scrap Iron and Metal Company) and their employee alleging that the negligent operation of the truck caused the collision and their injuries.

The plaintiffs suffered various injuries, including one of the plaintiffs necessitating two fusion surgeries on his thoracic spine due to his injuries. His claims also included a claim for the inability to obtain and maintain competitive employment as a result of his injuries in the accident. Prior to the accident, this plaintiff was a student in the process of receiving a bachelor's degrees in Biology and Physics which was to complement his previously obtained bachelor's degree in English and he also delivered pizza part time. As a result of the injuries this plaintiff suffered in the collision, there was a significant delay in his ability to return to school and finish his degrees. In addition to the claims for their injuries and lost wages, the plaintiffs also maintained claims against the defendants for pain and suffering, loss of a normal life, medical expenses, and emotional distress. The other two plaintiffs suffered minor injuries.

The defendants disputed the nature and extent of the plaintiffs' injuries as well as the claims by the student for the inability to obtain and maintain competitive employment.

This case was set for trial in front of the Honorable Judge Daniel Lynch in the Circuit Court of Cook County. On the eve of trial, the defendants admitted liability and that their negligence was a proximate cause of the plaintiffs' injuries. Shortly after picking a jury, but prior to beginning opening statements in the trial, the parties settled this matter. The defendants settled this case with the plaintiffs for $2,950,000.00 on March 15, 2012. The plaintiff who underwent two fusion surgeries settled for $2,900,000.00. The other two plaintiffs who suffered soft tissue injuries settled for $30,000.00 and $20,000.00 respectively.

The plaintiffs were represented by Joseph A. Power, Jr., and Brian LaCien of Power Rogers & Smith, P.C.

Continue reading "$2,950,000.00 Settlement for Chicago Area Plaintiffs Who Were Injured When A Truck Struck Their Car" »

On October 11, 2011, Joyce Thomas was taking her small dog for a walk as she had done many times before. While crossing Pershing Road (also known as 39th Street) in her motorized wheelchair within a marked crosswalk near 300 W. Pershing Road, Ms. Thomas was struck by a commercial cement truck driven by one of the employees of VCNA Prairie Illinois who commonly does business as Prairie Material. Mrs. Thomas suffered severe injuries which she unfortunately ultimately died of on October 11, 2011.

The family of the deceased woman filed suit against the driver of the truck and his employers, VCNA Prairie Illinois who does business as Prairie Material. The lawsuit seeks to hold the driver and VCNA Prairie Illinois (Prairie Material) responsible for the severe injuries the woman sustained which resulted in the her death. The theory of recovery is negligence resulting in damages pursuant to the Wrongful Death and Survival Act statutes. The complaint alleges that the defendants were negligent in failing to yield the right of way; failing to keep a proper lookout; failing to brake his motor vehicle in time; failing to be sufficiently qualified and trained to operate a truck; failing to stop at a traffic control device before proceeding; and failing to reduce speed to avoid a collision.

Throughout the Chicagoland area, cars routinely fail to yield the right of way to pedestrians in the crosswalk despite the pedestrians having the right of way by law. The City of Chicago continues to work to improve pedestrian safety through its crosswalk enforcement initiatives. Despite these efforts, motor vehicles failing to stop for pedestrians in crosswalks continues to be a problem as evidenced by over 1,000 citations being issued to drivers in Chicago in 2010 for failure to stop for pedestrians in crosswalks. The family of the decedent hopes that in filing suit and holding the defendants accountable for their negligence, it will prevent a tragedy such as this from happening to another family. The family also hopes that this tragic accident will bring more awareness to pedestrian safety in the Chicago area. This accident was entirely preventable as the decedent, a disabled adult in a motorized wheelchair, had the right of way as she was in the crosswalk, yet the defendants failed to yield to her causing this family and community to lose their loved one in an avoidable collision. Illinois law permits the families of those killed as a result of negligence or reckless conduct to hold those responsible in civil money damages. The civil justice system allows litigants to hold those responsible for negligent behavior accountable for the losses of life or limb that their negligence causes. This system of justice provides closure for victims who otherwise might seek revenge or shoulder the burden and responsibility for the negligence of those who caused the harm. The negligent party and not the victim should bear the responsibility for their negligence.

The plaintiff is represented by Larry R. Rogers, Jr. of Power Rogers & Smith, P.C.

Continue reading "Chicago Area Family Files Suit Against Driver and Employer Who Struck and Killed a Disabled Adult in her Wheelchair in a Crosswalk" »

On January 12, 2012, a Chicago area bicyclist filed suit against a semi-truck driver and his employers, R&L Carriers, Inc., and Greenwood Motor Lines, Inc. The lawsuit seeks to hold the driver, R&L Carriers, Inc., and Greenwood Motor Lines, Inc., responsible for a collision which caused severe and permanent injuries to the plaintiff, a bicyclist struck by the tractor-trailer.

On October 27, 2010, the defendants' tractor-trailer was southbound on Ashland Avenue near its intersection with Madison Street in Chicago, Illinois. At the same time, the plaintiff, an experienced bicyclist, was riding his bicycle south on Ashland Avenue near the same intersection. The semi struck the plaintiff bicyclist while attempting to overtake him. The plaintiff suffered severe and permanent injuries, including fractured vertebrae, a collapsed lung, broken ribs, and a ruptured spleen.

The complaint alleges that the defendants were negligent in failing to reduce their speed to avoid colliding with the plaintiff, failing to keep a proper and effective lookout for traffic, operating at a speed which was not reasonable or proper with regard to traffic conditions and the use of the roadway, operating a vehicle in a manner which endangered the safety of the plaintiff, overtaking a bicycle without leaving a safe distance, and failing to exercise due care to avoid colliding with a bicyclist.

In Chicago, cycling is an integral part of daily life and the number of cyclists on the roadways continues to rise. The City of Chicago has long promoted cycling as a mode of transportation in Chicago and continues to do so with its Bicycle Program . However, safety of cyclists is imperative for cycling to continue to expand and be a daily life of people in the Chicagoland area. Drivers need to operate their motor vehicles safely and in accordance with the laws and municipal ordinances to ensure the safety of the many cyclists on the road in Chicago. This accident was entirely preventable had the defendant followed the rules of the road, including Chicago's municipal ordinances, and exercised due care to avoid striking and running over the plaintiff on his bicycle.

The plaintiff is represented by Thomas G. Siracusa of Power Rogers & Smith, P.C..

Continue reading "Chicago Area Bicyclist Files Lawsuit Against Trucking Company and Driver" »