DUI for Bus Driver Inspires New Legislation

 Posted on May 26, 2013 in Uncategorized

Richard Madison, 54, of Palos Hills “was pulled over by authorities after driving [under the influence] nearly two dozen students to a prom site for Oswego East High School,” according to the Chicago Tribune. The incident has led to a proposal in the Illinois state legislature to toughen punishment for DUI. “Under the measure,” according to the Tribune, “drivers could be charged with a felony for driving under the influence and carrying one or more passengers of any age while on duty as a driver.” As it currently stands, the state law only cites bus drivers with an aggravated DUI if the passengers are under 18.

According to the Tribune, aggravated DUI is a Class 4 felony, “punishable by up to three years in prison.” Any random drunk driving charge can carry a sentence of up to a year in jail, but House Republican leader Tom Cross told the Tribune that that punishment wasn’t strong enough for someone who was hired to safely deliver children, and who was putting those kids at risk.

This area of Chicago is no stranger to teen tragedy—in 2007, an alcohol-related car crash killed five teenagers who would have graduated form the same high school these prom-goers attend. The introduction of Cross’s measure, according to the Tribune, “came on the same day the National Transportation Safety Board in Washington called on authorities to reduce the legal limit to 0.05 percent from the 0.08 standard used in all 50 states.” 

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Biking Safety

 Posted on May 12, 2013 in Bicycle Safety

The summer months are quickly approaching, and many people will be outside, enjoying the weather. From walking, to picnics, to swimming, outdoor activities are more common in the warmer months. One activity in particular is one that requires you to take safety precautions and be aware of your surroundings – biking. It is important to be safe and prepared on a bicycle. There are safe ways that you can make a biking experience safe and fun for you and your family this summer. There are many safety gadgets you  can buy for both yourself and your bike. First, a certified helmet is important to protect your head from severe injury in the case of an accident. There is other protective gear  you can wear, such as elbow and knee pads. It is important to dress appropriately while biking. Proper shoes that cover your toes, and clothing that does not get caught up in the bicycle as you ride are important. There are also bike accessories so that other people can see and hear you while you're riding.

• Reflectors that can be seen about 500 feet away on the front of the bike

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Teen Killed in Distracted Driving Crash

 Posted on April 29, 2013 in Car Accidents

A 15-year-old girl was killed in a Minooka accident in mid-April, and her classmate was left in serious condition, according to the Chicago Tribune. Police are saying that the “tragic incident” was caused by distracted driving, while alcohol and drug use have been ruled out. Elizabeth Daniels, 15, was pronounced dead at St. Joseph Medical Center in Joliet. She was a backseat passenger in an Infiniti G20 “being driven by 17-year-old Patrick O’Connell,” according to Minooka Police Chief Justin Meyer and as reported in the Tribune. The Infiniti, according to police reports, was “northbound on McLinden Road and its driver disobeyed a stop sign at Route 6.” A Honda Civic, driven by a 26-year-old Minooka woman, T-boned the driver’s side of the Infiniti, “which had two other 15-year-old girl passengers.” The teen seated in the back with Daniels was airlifted to Loyola University Medical Center in Maywood and remains in serious condition after suffering head trauma.  

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Determining Liability in Personal Injury Cases

 Posted on April 14, 2013 in Car Accidents

In any kind of accident, ranging from car accidents to even medical malpractice, one person will be considered at fault or at least more at fault.  For some car accidents, the police will assign fault to one party by issuing a ticket.  Sometimes it’s not that easy to find out who is the negligent party in an accident.

A good first place to start in determining liability is by wondering if one person exercised less care than the other, which may have caused the accident.  There are also three other stipulations that may help determine responsibility in a personal injury case.

The first is whether one person was not where they should be.  It might also be the case that this person should have expected a certain danger given their location.  It can be difficult to clearly define blame if either of these things is true.

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Wrongful Death Suit Filed in Fatal Elgin-O’Hare Crash

 Posted on March 25, 2013 in Personal Injury

The Chicago Tribune is reporting that the surviving wife and children of a man who was killed in an accident on the Elgin-O’Hare expressway have filed suit against the woman who hit him with her vehicle. Following one of several collisions that was largely attributed to snow flurries and ice, the man was standing outside of his car on the expressway in Schaumburg when a woman driving by struck him. The man was pronounced dead at Alexian Brothers Medical Center in the early morning hours of November 13, 2012.

The recently filed lawsuit includes one count of wrongful death and another count for physical and mental suffering that the man endured prior to his death. In the lawsuit, the family members specifically request an award of at least $50,000 in damages.

A wrongful death claim is the type of lawsuit filed when a family member has been killed as a result of the negligence of another person. Proceeds from a wrongful death claim can include compensation for medical expenses incurred by the deceased prior to his death, pain suffered by the deceased prior to his death, lost wages and income of the deceased for his survivors, and necessary funeral and burial expenses.

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Four teens killed in Illinois car crash

 Posted on March 12, 2013 in Car Accidents

Shortly after the news that six teens were killed in a car accident across the country, four more teens were killed in an Illinois accident. Their car had overturned into a creek in Wilmington, Ill.

The families of the teens reported them missing around midnight, according to Will County Sheriff Deputy Chief Ken Kaupas. “[I was] praying, begging, pleading, willing to trade,” said Melissa Robertson, crying and hoping that her niece, Micalah Sembach, was not one of those dead in the car being towed out of the creek.

Sembach’s family knew something was wrong by the evening; the teen made it home from school, dropped off her backpack, and left to hang out with friends. Her mother told her to be home by five. “That was it,” said Robertson. “Love you, Bye.’ Happy, normal ending of a conversation.” When she was 30 minutes late, the family called the police.

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Toxic Fire Killed Hundreds in Brazil

 Posted on February 26, 2013 in Personal Injury

Residents of Santa Maria, Brazil were ready for night out, for dancing, clubbing and listening to live music. Never did they imagine that it could turn into a night of chaos and death.

Sunday, January 27, 2013, in Santa Maria, Brazil, Kiss nightclub experienced a horrific fire. Inspectors believe it is due to the showcased band’s pyrotechnics that started a fire on the foam sound insulation material cause smoke and toxic fumes. Thick flames and toxic smoke filled the club, killing 230 people. Some died because of the stampede, some due to toxic fume inhalation and choking to death. Reports stated that guards at first tried to hold back patrons to make them pay off their tabs but soon realized the severity of the situation.

Not just anyone can handle pyrotechnics, which are regulated under firework laws. Each state is different. Illinois requires a permit, insurance carrier for the user, and have an operator who has taken a training course on how to handle the material. Such strict regulations help to ensure safety is the priority to the entertainment value.

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Domestic Stabbing Hospitalizes Two Women

 Posted on February 14, 2013 in Criminal Law

Police responded to a domestic disturbance call in Chicago’s Englewood neighborhood, only to find blood spatters on the first-floor apartment walls and floor. According to the police, a 22-year-old woman was stabbed multiple times when she knocked on the rear door of an apartment around five in the morning on February 11. Police state that a 27-year-old woman opened the door with a knife in her hand, and started stabbing the younger woman.

The younger woman was taken to Advocate Christ Medical Center in Oak Lawn with serious-to-critical injuries, having been stabbed in the head, hand, arm, torso, and back, along with sustaining a collapsed lung. The 27-year-old had also received a stab wound in her left leg during the encounter, and was taken to St. Bernard Hospital and Health Care Center. She is listed in good condition.

According to this article in the Chicago Tribune, there was another woman in the apartment during the time of the stabbing, but she did not receive any injuries. None of the women were identified in the story, and Chicago Police News Affairs Officer John Mirabelli told the Tribune that criminal charges are still pending.

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Worker from Aurora School Killed in Hit and Run

 Posted on January 29, 2013 in Car Accidents

A female student from the Northern Illinois Academy ran out to the road during the afternoon of Monday January 21^st.  The Academy is a residence and school for the mentally challenged located in Aurora at 988 Corporate Blvd.  Theresa M. Burns and an unnamed male staff member found the girl sitting in the middle of the road.

Theresa Burns was a well-respected staff member at the Academy although she had only been working there for a year.  She had formal training to work with mentally challenged individuals during moments of emotional crisis.  Burns, 57, of the 700 block of South River Road in Des Plaines, successfully moved the student out of harm’s way.

Unfortunately, both she and the other staff member were hit by a car while in the southbound lane of Church Road near the school.  A 1997 Chevrolet GEO Metro ran over and killed Burns and hurt the other staff member after 5:30 pm.  The staffer is a 25-year-old from Plainfield was hospitalized for non-life threatening injuries.

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New Laws Go After Cell Phone Using Drivers

 Posted on January 15, 2013 in Car Accidents

Cell phone use while driving is the target of two new Illinois laws that went into effect January 1^st. The goal of the new laws is to reduce the increasing number of fatalities that are occurring because drivers are too distracted by talking and texting, taking attention away from the road.

House Bill 5101 prohibits texting or using a hand-held cell phone while driving a commercial motor vehicle. Prior to the new law, texting was prohibited, but cell phone use was allowed. The new bill means that a driver behind the wheel of a commercial motor vehicle with cell phone in hand faces serious motor vehicle violations.

The definition of a commercial vehicle includes a vehicle used in commerce with a weight of 26001 lbs or more, a vehicle designed to transport 16 or more people, or a vehicle transporting hazardous materials.  Exceptions are RVs for personal use, military vehicles, fire trucks, police vehicles and other emergency response vehicles.

Senate Bill 2488 prohibits cell phone use in construction zones or maintenance zones, no matter what the speed limit posted for those areas are. Drivers are allowed to use cell phones in voice-operated mode, which includes the use of a headset or cell phones used with single button activation.

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