Chicago Illinois Car Accident Lawyer Blog

A lawsuit and countersuit have been filed regarding the June 24 train accident involving an Amtrak train and truck in Nevada that killed six people. The accident is recalled in the June 26 CBS story titled "Death toll from Amtrak crash raised to 6."

A lawsuit has been filed by Amtrak regarding the accident. As seen in the CBS Local story of June 30 titled "Amtrak Files Suit Against Trucking Company":

Following the lead of an injured onboard attendant, Amtrak is suing a Nevada trucking company for at least $10 million for negligence in the hiring and training of a driver who slammed a tractor-trailer into the side of a passenger train last week, killing six.

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The new lawsuit said John Davis Trucking is liable for at least $10 million in damages suffered by Amtrak because it failed to properly train "or failed to train altogether" the driver before he crashed into the train, even as the crossing gates and flashing warning lights showed it was approaching.

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Amtrak's lawsuit alleges the company "negligently hired Valli and diligently entrusted the vehicle to Valli, who it knew or should have known was incompetent and/or unqualified to operate the Peterbilt tractor trailer combination."

The trucking company has filed a countersuit. As seen in the July 31 WGN story titled "Nevada trucking firm countersues Amtrak, Union Pacific in June crash" :

John Davis Trucking Co. says the companies did not adequately warn drivers of oncoming traffic.

The trucking company also claims the railroad companies breached their duties "by allowing trains to accelerate in the approach to the grade crossing."

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John Davis Trucking's countersuit seeks unspecified damages and accident-related expenses.

Today, The Chicago City Council Finance Committee approved paying $6.5 million to settle a lawsuit resulting from a 2004 accident. The accident caused the death of an 8-year-old boy and injured an 11-year-old girl, both hit by an unmarked police car.

The accident occurred in 2004 when Gregory Jones, 8, and Datondra Mitchell, 11, were crossing Grand Avenue, near Kildare Avenue. They were hit by the unmarked police car; Jones died two days later; Mitchell suffered a fractured skull and lost her hearing for four months.

According to the police officer driving the car, Mark Delboccio, he was in pursuit of a car, with his lights and siren on after seeing a man in a vehicle point a gun at someone. The officer said he was reacting to a quickly evolving situation.

But none of the witnesses saw the car that Delboccio said he was pursuing, and a police investigation failed to locate it. Delboccio also did not get approval for a pursuit from a superior, according to First Asst. Corporation Counsel Leslie Darling.

Under the settlement, set to be voted on Thursday by the full Chicago City Council, the girl, who is now 18, will get $590,000, Darling said. The boy's family will get the rest.

Additional details can be seen in the July 27 Chicago Tribune story titled "$6.5 million for unmarked car accident that killed Chicago boy, injured girl."

A pedestrian accident happened this morning in Chicago when a woman was hit by a garbage truck while walking in the Uptown neighborhood.

Details at this point are sparse. As seen in today's article at WGNTV.com, titled "Woman struck by garbage truck in Uptown":

A woman was hospitalized in serious-to-critical condition this morning after she was hit by a garbage truck in the Uptown neighborhood, officials said.

The accident happened at about 9:42 a.m. on the 4400 block of North Broadway when a private garbage truck struck the female pedestrian, said Chicago Police News Affairs Officer John Mirabelli.

She was taken to Advocate Illinois Masonic Hospital by Chicago Fire Department paramedics, but was alert and talking, Mirabelli said. No one else was injured.

Officials from the Chicago police department's major accident division are investigating, Mirabelli said.

Texas Governor Rick Perry will sign the "loser pays" bill Wednesday. The measure, which will go into effect Sept. 1, will levy fees on unsuccessful plaintiffs and allowing meritless suits to be dismissed early in the process.

According to a July 27 CBS Local story on the subject, titled "Perry Signs 'Loser Pays' Bill Into Law" :

Perry made the measure a top priority for the Legislature, saying Texas needs to crack down on junk lawsuits.

Some plaintiffs who sue and lose will be required to pay the court costs and attorney fees of those they are suing.

Trial lawyer groups and the AFL-CIO opposed the measure, arguing it would give corporations the upper hand in lawsuits and prevent individuals with legitimate claims from filing suit.

A woman was killed in Chicago last night when a vehicle driven by her daughter ran a red light and struck a Chicago Police car. The two police officers sustained minor injuries.

The accident happened in Chicago's Austin neighborhood (West Side) at approximately 8:00 p.m. at the intersection of Madison and Central.

According to the Cook County medical examiner's office, the woman killed has been identified as Geanne Ortega, 55. Ortega lived on North Nordica Avenue.

Both mother and daughter were both taken to Stroger Hospital, where Geanne Ortega was pronounced dead at 11:34 p.m.

Jessica Ortega received non-serious injuries. She has received several citations, including: disobeying the red light, having expired plates, not having a driver's license, and not having insurance.

According to Chicago Police, the two Chicago Police officers were taken to West Suburban Medical Center in Oak Park. They were treated for minor injuries.

Additional details can be seen in the July 27 Chicago Tribune article titled "Woman killed in collision with squad car in Austin neighborhood."

Today Drew Forquer, 51, was sentenced for a 2008 drunk driving accident on Chicago's Northwest Side that left one motorcyclist dead.

Forquer, who had a history of drunken-driving convictions, was sentenced to 8 years in prison today for driving his car into an opposing lane of traffic and killing a motorcyclist in 2008 on Chicago's Northwest Side. He faces a minimum of six years in prison.

Drew Forquer was convicted of reckless homicide and aggravated drunken driving last month following a bench trial in front of Judge Clayton Crane. The judge ruled it was clear from the results of field-sobriety tests, eyewitness testimony and video of Forquer's wide turn that he was impaired.

The motorcyclist killed was Navy veteran Jeff Bondy. He was on his way to his job as an airfield supervisor at O'Hare International Airport when the fatal accident happened at Belmont and Opal avenues.

According to his wife, he had just finished celebrating his twin children's 10th birthdays.

More details on this story can be seen at the July 25 Chicago Tribune story titled "8 years for convicted drunk driver who killed motorcyclist."

A car accident in Hyde Park (south side of Chicago) has killed one woman and injured another woman and man.

Details on the accident are, at this point, sparse. Their car crashed into a tree about 11:30 Thursday night (July 21).

The accident occurred near Midway Plaisance and Cornell Drive, according to a fire department spokesman.

When firefighters and paramedics arrived at the scene, they found a man and woman trapped in the car. Another woman had been ejected from the vehicle and found about 25 feet away, lying in the grass.

According to the Cook County Medical Examiner's Office, the woman killed was identified as Velois Murray, 19, of the 7700 block of South Langley Avenue.

The driver and the other woman were both believed to be in their 20s.

Additional details can be found in the Chicago Tribune article of July 22 titled "1 dead, 2 critically injured in Hyde Park crash."

At least two people were killed today after a Metra Train struck an automobile in Oak Forest, Illinois. The accident occurred around 4:00 p.m.

Details are still forthcoming, but it has been reported that the accident took place after a Rock Island District Metra Train struck an automobile in Oak Forest near the train station and subsequently derailed.

The accident happened at the crossing at 167th Street and Central Avenue when inbound Joliet train No. 420 (Rock Island District Metra) struck the vehicle, according to a Metra spokeswoman.

During the accident the automobile was dragged several hundred feet down the tracks. One of the train's cars subsequently derailed.

37 trains were delayed as a result of the collision, mostly from downtown Chicago.

Southbound trains resumed on a single track shortly after 6 p.m.

Additional details and photos can be seen in the July 21 NBC5 story titled "Two Dead After Metra Train, Car Collide."

The June 27 post, titled "Taxicab Strikes And Kills Pedestrian In Downtown Chicago," tells of the pedestrian fatality that occurred when a taxicab lost control and killed a pedestrian on a sidewalk in Chicago's Streeterville neighborhood.

The pedestrian in the accident was Hector Placencia Sanchez, 57, of Rogers Park.

Placencia Sanchez was pronounced dead at the scene. The cabdriver, Yao Ofori, 71, and a female passenger, 51, were taken to Northwestern Memorial Hospital

Sanchez's family filed a wrongful death lawsuit today against the driver and the cab company.

The suit was filed on behalf of Placencia Sanchez's mother, three sisters and two brothers.

The wrongful death lawsuit names the Wolley Cab Association, Checker Taxi and Ofori.

The family claims that Ofori and the taxi companies were negligent and failed to exercise care and caution that "a reasonable person under similar circumstances would have exercised."

According to police, Ofori, of the 4700 block of South Lake Park Avenue in Chicago, was ticketed for driving too fast for road conditions and striking a pedestrian.

According to records, Ofori has been issued nearly 30 traffic tickets in 22 years.

More details can be found in the July 19 Chicago Tribune article titled "Family of man killed by taxi in Streeterville files lawsuit."

The May 22 post, titled "City Truck Collision Sends 8 To Hospital In Chicago" detailed the incident in which a City of Chicago truck ran into a crowd of people.

A victim from the accident, Jennifer Anton, 25, spoke yesterday of the accident. She says that seconds before the pickup truck ran over a curb and slammed into her, she noticed shocked looks on the faces of nearby pedestrians. She was able to push the stroller she was pushing out of the way before she was hit by the truck, and the toddler's father later hailed her as a hero.

Next thing she knew she was face down on the sidewalk.

"I just remember screaming in pain," Anton said Tuesday while at a news conference in her lawyer's office to call attention to a lawsuit against the truck driver and the city of Chicago. "I could just feel that I was broken."

The truck driver, Dwight Washington, a city employee, was found to have a blood-alcohol concentration (BAC) of 0.183 percent, according to police. This level is more than twice the legal limit to drive. The crash at Cedar and Rush streets in Chicago's Gold Coast neighborhood left six other pedestrians injured.

Washington was charged with felony drunken driving causing bodily harm and ticketed for transporting and carrying alcohol, failing to reduce speed and negligent driving.

Anton and the child she was caring for are both plaintiffs in separate civil lawsuits against both the city and Washington. The suits claim that Washington's city supervisors "knew or should have known" he was driving drunk.

Anton, who has braces on both her legs, said she has undergone 11 surgeries. She said that she still has no feeling in her right foot and is not expected to walk again until sometime next year.

Additional details can be found in the July 19 ABC7 News story titled "Nanny who saved child in Gold Coast crash talks."

Fred Dech, 51, of Chicago, has died this morning after losing control of his motorcycle on the southbound Dan Ryan Expressway.

The motorcycle accident happened as Dech was driving his Honda motorcycle. He hit a car in front of him on the expressway and lost control.

According to Illinois State Police, the accident happened at approximately 9:23 a.m. on the Dan Ryan Expressway (Interstate 94) at 51st Street.

The Cook County medical examiner's office has said that Fred Dech was pronounced dead at 11:25 a.m. at Stroger Hospital of Cook County.

Additional details can be found in the July 19 Chicago Tribune article titled "Man dies after motorcycle accident on Dan Ryan."

According to the Illinois Department of Transportation's (IDOT) "2009 Illinois Crash Facts & Statistics" (pdf) in 2009 (the latest year available) there were 3846 motorcycle accidents and 124 fatal motorcycle accidents.

As stated on page 21:

Motorcycle crashes account for 1.3 percent of all crashes in the year 2009. The number of motorcyclists killed decreased by 3.7 percent, from 135 in 2008 to 130 in 2009.These motorcycle fatalities account for 14.3 percent of all fatalities in 2009.

Also seen on page 21, more than half (2144) of the 3977 motorcycle crashes occurred when the motorcyclist was "Going Straight Ahead" at the time of the accident.

Late this morning, a bus and at least three cars were involved in an accident on the northwest side of Chicago.

While details are somewhat lacking, it appears as if the CTA bus (No. 54/Cicero) was struck from behind by at least two vehicles. The accident occured around 11 a.m. at Cicero and Diversey, in the Northwest Side's Kelvyn Park neighborhood.

Ambulances took nine people, including a seriously injured child, from the accident. None of the injuries are expected to be life-threatening, according to police.

The cause of the accident, according to preliminary investigation, is that a teenage girl, distraught over a boy, stole her brother's SUV and crashed it into at least 2 other cars and the bus, according to police.

More details on this accident can be found in the July 17 WGN Radio story titled "9 injured in multi-car crash involving bus on NW side."

According to a July 14 Chicago Tribune story titled "Driver cited with DUI in Little Village Rollover crash," a 21-year-old man, Roberto Curiel, was cited with driving under the influence following an early morning collision.

That car accident injured him and four others when his truck collided with a SUV in the Little Village neighborhood of Chicago, authorities said.

According to the article:

Robeto Curiel was cited with DUI, disobeying a traffic signal, failure to reduce speed, being involved in a collision and failure to produce a drivers license, said Police News Affairs Officer Darryl Baety.

The 1:30 a.m. crash in the 3900 block of West Ogden Avenue prompted an emergency medical response from fire officials.

The SUV carrying two people collided with a truck carrying three adults, said Officer Ronald Gaines, a police spokesman.

A fire department spokesman initially said that only three people were injured.

The most seriously injured was Curiel, who was the driver of the truck, and a 55-year-old man in the SUV, Gaines said. The older man was taken to Stroger Hospital, while Curiel was taken to Mount Sinai. Both were listed in serious condition.

Two women inside the truck, ages 32 and 23, were hospitalized with lesser injuries. A 47-year-old woman was taken to a local hospital in good condition, Gaines said.

A Chicago woman, Ashley Johnson, has been charged in connection with a fatal Hit & Run accident early Sunday morning on Chicago's West Side.

Prosecutors said Ashley Johnson, 22, was driving home from a bridal shower at the time of the accident. She was driving her Chrysler coupe eastbound on West Jackson Boulevard about 3:30 a.m. when she struck David Bunch, 49, who was crossing Jackson (at Homan Avenue) with a friend. The impact sent Bunch flying 120 feet across the intersection.

Bunch, of the 3500 block of West Douglas Boulevard, was pronounced dead a short time later at Stroger Hospital.

Johnson continued driving and parked her car in an alley near her home. According to prosecutors, it was found by investigators a short time later with significant front-end damage. Prosecutors say that Johnson came to the Harrison District Police headquarters over an hour later and admitted she had struck Bunch.

Johnson submitted to a DUI test after she turned herself in; the results are still pending.

Johnson was charged with leaving the scene of an accident involving personal injury or death, driving without a license, and failure to use due care with a pedestrian.

More details can be found in the July 12 Chicago Tribune story titled "Chicago woman charged in fatal hit-and-run on West Side."

The Illinois Department of Transportation (IDOT) has published statistics regarding Fatal Alcohol-Related Crashes(pdf) as seen in the 2009 Illinois Crash Facts and Statistics, p36. As can be seen in the 2009 (the latest available year) statistics, the most common (39%) time of such crashes is between 12-3:59 a.m. The most common day of the week is Sunday, at 29%.

The characteristics of the aforementioned pedestrian fatality, which took the life of David Bunch, occurred around 3:30 a.m. Sunday morning, which is found within this most common day and time parameters regarding Fatal Alcohol-Related Crashes.

According to the Cook County Jury Verdict Reporter of July 1, 2011, an Elman Law Group LLC client, Simcha Smolensky, was awarded a jury verdict of $56,233 in the case Simcha Smolensky v Daniel Ilahi. The case was tried May 17-19, 2011.

The accident happened on April 1, 2011. The plaintiff rear-ended the defendant's vehicle as the defendant was in the process of stopping his car in the right lane on the southbound Kennedy Expressway (Interstate 90) near Cumberland Avenue.

The plaintiff, Simcha Smolensky, sustained a fracture of one rib, and was held overnight in a hospital for observation, for which hospital bills totaled $21,971. He fully recovered from his injury after one month.

The defense, State Farm attorneys, argued that the plaintiff, Mr. Smolensky, was at fault since he rear-ended the defendant and was claimed to be following too closely for conditions. Tony Elman, of the Elman Law Group, argued that Mr. Smolensky was "cut off" by the defendant, thus causing the accident.

On July 10, shortly after 6 a.m., a woman uninvolved with a police chase was killed in a collision with the vehicle police were chasing. The accident occurred in Chicago's Bucktown area, at Armitage and Hoyne.

The woman, Marciea Adkins, 42, a City of Chicago 911 dispatcher, died after her car was hit by a stolen silver Range Rover.

The driver of the Range Rover was arrested shortly after the collision as he tried to flee the area on foot.

Officials say Adkins was driving home after working the midnight shift when she was struck.

The Range Rover was stolen on North Avenue as the owner left it running while paying for parking.

After the Range Rover was stolen, it ran a stop sign at Blackhawk and Elston, and was pulled over by police. The suspect reversed the SUV and struck a police supervisor's car, at which point the police pursuit began. During the chase, the Range Rover also struck a parked car, sending it through a brick wall.

According to a witness, the Range Rover blew through a stop sign and hit Adkins' car, thereby pinning her.

More on this story can be found in various articles including the July 10 ABC7 article titled "911 dispatcher killed in police chase accident."

According to prosecutors today, a man with a history of drunken driving had a blood-alcohol content nearly four times the legal limit when he ran a red light and killed a woman crossing the street in the Back of the Yards neighborhood on Tuesday.

Sam Manyfield, 69, of Chicago, had his bail set at $350,000. He appeared in court on charges of aggravated DUI involving a death and reckless homicide in the crash that killed Yvonne Williams, 52.

Manyfield, of the 400 block of West 126th Street, was also cited with failure to yield to a pedestrian; driving on a suspended license; driving without insurance; and leaving the scene of an accident.

Manyfield, according to prosecutors, was driving his Jeep Cherokee north on Ashland Avenue about 8:45 a.m. Tuesday when he ran a red light at 46th Street. He struck Williams as she was crossing Ashland in a crosswalk. Witnesses saw the Cherokee continue north after the crash, going through an alley toward 45th Street.

A Chicago police sergeant pulled the SUV over on 45th Street, and when Manyfield got out of the vehicle he "could barely stand up under his own power," according to Assistant State's Attorney Patrick Waller.

"An empty bottle of gin fell from the Jeep when the defendant got out," Waller said.

Manyfield was taken to Mercy Hospital, where upon testing his blood-alcohol content was determined to be 0.316 percent, or nearly four times the legal limit of 0.08 percent, Waller said.

Manyfield's driver's license was currently suspended for failing to appear on a traffic ticket, Waller said. He has a 1992 conviction for DUI for which he received court supervision; as well, he has several convictions for driving on a suspended license.

Records show Manyfield also was ticketed with DUI four other times between 1997 and 2005 but the charges were eventually dropped.

Williams was pronounced dead at Stroger Hospital of Cook County.

More on this DUI fatality can be found at the Chicago Tribune story of July 7 titled "Bail set at $350k for man charged in fatal DUI hit-and-run crash."

The Illinois Department of Transportation (IDOT) has published statistics regarding Fatal Alcohol-Related Crashes as seen in the 2009 Illinois Crash Facts and Statistics (pdf), p36. As can be seen in the 2009 (the latest available year) statistics, the most common (39%) time of such crashes is between 12-3:59 a.m. The most common day of the week is Sunday, at 29%.

The characteristics of the aforementioned pedestrian fatality, which took the life of Yvonne Williams, occurred at 8:45 a.m. Tuesday. According to the IDOT statistics, Fatal Alcohol-Related Crashes occur on Tuesdays 4% of the time; and between 8-11:59 a.m. 3% of the time.

The Elman Law Group LLC has posted a list of "10 Steps You Should Follow After An Auto Accident" on its website.

According to the Illinois Department of Transportation(pdf), in the year 2009 (the latest reported year) Illinois had the following car accident statistics:

• Registered Motor Vehicles 10,009,485
• Licensed Drivers 8,767,459
• Vehicle Miles Traveled 105,734,665,833
• Total Crashes 292,106
• Total Injuries 89,090
• "A" Type Injuries* 12,997
• Total Deaths 911
• Mileage Death Rate 0.86 (Per Hundred Million Vehicle Miles Traveled)

Continue reading "10 Actions to Take After An Illinois Car Accident" »

Yesterday, around 5:15 p.m., a woman driving southbound in the northbound lanes on Michigan avenue (downtown Chicago) struck two people in a crosswalk. Both pedestrians were injured.

The motorist, who is in her 80s, could be charged but so far has not. Police were still investigating the accident.

The accident happened on the 200 block of North Michigan Avenue, said Police News Affairs Officer Darryl Baety.

According to the story as seen at the July 2 ChicagoTribune.com article titled "Pedestrians hurt in wrong-way crash" :

After hitting the 31-year-old woman and 35-year-old man, the motorist also struck a vehicle in the northbound lane, and that vehicle was pushed into another vehicle stopped behind it, Baety said.

Chicago Fire Department paramedics arrived on the scene and took both pedestrians to Northwestern Memorial Hospital. One person was in serious-to-critical condition and the other was in good condition, according to a spokesman.

The motorist also was taken to Northwestern, but her condition was not available.

The two drivers of the other vehicles that were struck declined to go to the hospital and were treated at the scene.

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According to the Illinois Department of Transportation City Summary Crash Report for Chicago, Year 2009 (the most recent data available), there is a significant number of pedestrian accidents and fatalities in Chicago.

The Michigan Avenue area, especially where this accident occurred, is one of great pedestrian and vehicular traffic.