Illinois Car and Truck Accident Lawyer Blog

An Illinois State Representative has introduced new legislation that would ban cell phone use while operating a vehicle throughout the State. Yet, the use of hands-free devices would continue to be allowed under the new law. Nine other states have enacted similar laws banning cell phone use while driving.

According to the Illinois Department of Transportation, cell phone distractions were the main cause of over 500 crashes in Illinois during the first half of 2010.

As an Illinois car accident attorney, I have seen the serious injuries that can result from distracted driving. Although I appreciate the everyday convenience that cell phones provide, I support this legislation because I believe it will reduce the amount of serious injuries and deaths that result from cell phone distracted driving.

As a Chicago car accident attorney, I want to express my support for the new Illinois law requiring that adults wear seat belts while riding in the back seat of a vehicle, which took effect on the first of this year. As winter weather conditions make Chicago area roads more dangerous, the simple step of wearing a seat belt can prevent serious injury or death in the event of an accident.

According to the National Highway Traffic Safety Administration, in 2010, 38 un-belted back seat passengers died in car crashes in Illinois. While this may seem like a relatively small number, many of these deaths likely could have been averted if the passengers were wearing their seatbelts. I strongly encourage Illinois motorists to follow this new law to avoid getting a ticket, and more importantly, to prevent serious injuries or death.

From roughly the 1950’s to the 1980’s, child sexual abuse by clergy occurred across the country virtually unchecked. Churches, including but not limited to the Catholic Church, hid allegations of sexual abuse and fellow parishioners. The Church clearly put its reputation ahead of innocent victims for many years by hiding abuse committed by its employees.

As reported in Reuters today, the pattern continues:

A priest accused of producing child pornography was welcomed into a young victim's home and included in numerous children's activities because a bishop kept evidence related to the priest a secret, according to a lawsuit filed on Wednesday.

The suit is one in a string of lawsuits and legal actions against Father Shawn Ratigan and Bishop Robert Finn, the leader of the 134,000-member Catholic Diocese of Kansas City-St. Joseph, alleging that Ratigan took advantage of his position as a priest to create pornographic photos of children in his parish.

The suits allege the bishop knew about the photos, and had received numerous warnings about Ratigan's behavior, but hid the information from police and families in the Diocese.

Obviously, The Catholic Church has learned nothing from its past mistakes. Unfortunately, the victims still must force the Church to reveal the truth regarding sexual abuse perpetrated by priests, Brothers and teachers. If you are a victim of sexual abuse or are inquiring on behalf of a friend or family member who has suffered a sexual assault, contact experienced trial lawyers immediately to confidentially discuss your claims.

As trial lawyers one of our duties is to investigate hospitals when patients are neglected or abused, since our government has neither the resources nor the political will to do so. As described in a Chicago Tribunue investigation:

The Illinois Department of Public Health declined to investigate 85 percent of the 560 hospital complaints it received last year, even when the reports alleged violations such as patient abuse and inadequate infection control, records show. Some allegations of serious harm or death were not pursued even though federal law requires that such claims be investigated within 48 hours.

"These are serious complaints," said Lisa McGiffert, director of the national Consumers Union Safe Patient Project. "If the regulatory system is collecting these complaints and not responding, that is a massive failure of oversight."

Complaints can reveal crucial systemic problems, experts say. And when it finds violations, the state can order hospitals to make corrections.

But Illinois regulators say they don't have the funding to investigate. And the hospital industry has fought proposals to pay for the investigations with fees that amount to pennies a day per hospital bed.

This report shows why private citizens must have access to the courts when mistakes have been made in hospitals. With such a void left by the State, the victims or their surviving families must be able to turn to the courts to get justice to put pressure on the hospitals not to repeat these mistakes.

The Penn State sexual abuse scandal reminds us that state and federal laws may mandate that a teacher or coach, such as Coach Paterno and the assitant coaches and administrators at Penn State, has a duty to report suspected sexual abuse of children to the police. As discussed in a recent Chicago Tribune article:

Illinois law features a long list of people who must notify the Department of Children and Family Services if they suspect that a child has been abused or neglected, including doctors, coroners, social workers, police officers, foster parents and members of the clergy.

The law also specifies "school personnel" as mandated reporters, and DCFS spokesman Jimmie Whitelow said Thursday that the department interprets that to include employees of colleges and universities.

Institutions that deal with children, such as schools and churches, may be liable in civil suits if they fail to fulfill a duty to report sexual abuse of children. If you have encountered a situation where a school, church or other institution has failed to report abuse, or covered it up, contact us.

The Penn State sexual abuse scandal reminds us as trial lawyers that large institutions that deal with children do a terrible job of policing themselves when it comes to child sexual abuse. Institutions like the Catholic Church, and its Archdioceses in Chicago, Milwaukee and Boston, for example, have failed to respond to the problem of sexual abuse of children by priests, brothers and nuns honestly and firmly. Instead, the Catholic Church, like Joe Paterno and the Penn State administration, has responded to the abuse with excessive leniency, insensitivity, secrecy, and neglect.

New York Times columnist Frank Bruni recently addressed the parallels between the scandal at Penn State and the scandals involving large institutions such as the Catholic Church and the Boy Scouts of America:

That has been true of the Boy Scouts, which has paid out tens of million of dollars in response to lawsuits by former scouts molested by adults who continued to work in the organization despite complaints or questions about their behavior.

That has been true of the Roman Catholic Church, whose diocesan heads and bishops repeatedly transferred abusive priests from one parish to another rather than report them to law enforcement authorities. This cover-up spanned decades and went all the way up the hierarchy of the church.

Many factors explain it, including a fear of scandal and desire to protect the church’s image. The Boy Scouts, too, didn’t want messiness exposed.

The truth in cases where large institutions hide sexual abuse is usually revealed only when experienced trial lawyers can use the power of the courts to force institutions like the Archdiocese of Chicago to open up their files on the histories of their abusive priests and brothers. Even if you or a loved one were sexually abused long ago, you may still be able to pursue claims against the religious organizations involved in the abuse. If you are a victim of sexual abuse or are inquiring on behalf of a friend or family member who has suffered a sexual assault, contact Hurley McKenna & Mertz immediately to confidentially discuss these claims.

The Penn State sexual abuse scandal reveals a pattern of conduct that the trial lawyers at Hurley McKenna & Mertz are well-acquainted with—a man in a position of power at a loved and respected institution uses his position to abuse children, and the officers of the institution not only refuse to stop the evil conduct, but actively work to protect the abuser. In our experience, that same pattern has consistently played out when we investigate allegation of sexual abuse by priests and brothers affiliated with the Catholic Church.

Abuse experts see many similarities between the Penn State scandal and Catholic Church scandals in cities such as Chicago, Milwaukee and Boston:

Child sex abuse expert Kenneth Lanning, who worked in the FBI for 30 years, said the abuse suspects in Boston and at Penn State share similar profiles as “acquaintance molesters,” who have access to children, do good things for them and often are seen so far above reproach that people don’t believe even obvious signs that something is wrong.

He said institutions such as Penn State and the Boston archdiocese also have similar profiles, as successful and respected organizations, with strong motivation to preserve their reputations. That can lead to bad decisions to avoid negative publicity, even if there’s no malicious intent, he said.

“Any youth-serving organization can have these problems,” he said. “But I think when you have a youth-serving organization that has a certain aura about it, or status about it, then I think there’s at least a strong potential that that can influence their decision-making process and how they handle things.”

However, the Penn State sexual abuse scandal also reveals: YOU ARE NOT ALONE. Even if you or a loved one were sexually abused long ago, you may still be able to pursue claims against the religious organizations involved in the abuse. If you are a victim of sexual abuse or are inquiring on behalf of a friend or family member who has suffered a sexual assault, contact Hurley McKenna & Mertz immediately to confidentially discuss these claims.

I am disturbed by the story of a recent arrest of a California teen. As a Chicago auto injury attorney, I am all too familiar with the deadly combination of teens, alcohol and reckless driving.

18 year old Ryan Armstrong was driving under the influence when he crashed his car, killing his passenger. According to Officer Robert Lehman of the California Highway Patrol, the Carmel Valley resident was arrested on charges of felony DUI and vehicular manslaughter.

Armstrong’s vehicle drifted off of the edge of Tasajara Road, and rolled several times. His passenger, Keenan Lucero, 19, of Carmel, was not wearing a seatbelt and was thrown from the vehicle as it flipped. Lucero died at the scene.

Lucero was a well-liked student-athlete at Carmel High School and went on to Chico State University.

Two other passengers suffer minor to major injuries.

This tragedy might serve as a reminder to all about auto safety. I strongly urge my clients to always wear seatbelts when travelling in a vehicle and to be cautious and alert -- not only as a driver, but also as a passenger. The family of Kevin Lucero and other victims of careless drivers have the right to seek justice for their losses, pain, and suffering.

The Chicago Tribune reports on a recent lawsuit settlement.To summarize: seven years ago, Gregory Jones, 8, and Datondra Mitchell, 11, were hit by an unmarked police car. Jones died shortly thereafter, and Mitchell suffered serious injuries.

The officer who hit the children claimed that he was in pursuit of a vehicle, after he had seen a man in the vehicle pointing a gun at a pedestrian. However, police investigation never located the suspect, or the car Officer Mark Delboccio was chasing.

Recently, the City Council Finance Committee awarded $6.5 million to settle the lawsuit as a result of this horrific incident – $590,000 to the girl, now 18, and the remaining to the boy’s family for their losses. The full council will vote on the settlement this upcoming Thursday.

As a Chicago auto incident attorney, I see tragic cases like this that may call for a wrongful death lawsuit. Wrongful death claims mean that a person, or an institution, wrongfully causes the death of someone else. Families who are dealing with tragedy of this sort have legal rights to financial compensation. A person who is negligent should be held accountable for their wrongful behavior that causes the loss of a loved one, pain, and suffering. A wrongful death claim may arise in many types of law including medical malpractice cases, nursing home cases, and like in case of Gregory Jones, auto accidents.

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Honda Motor Company announced this week that it's recalling more than 1,000 Honda Civics in the U.S. because the cars could leak fuel. Many of these 2012 models have not been sold yet, so the repairs will take place while still on the dealer lots. However, Honda will begin to notify customers on May 27, and owners can check the Honda website to determine if their car is affected.

This news comes on the heels of a report that U.S. safety regulators are investigating a fuel tank problem that could affect more than 2.7 million Ford F-150 trucks. The National Highway Traffic Safety Administration says that the steel straps holding up the gas tank can rust and break, creating the potential for a fuel spill and fire. Owners of 1997 through 2001 Ford F-150 pickups should contact their dealer for more information. No injuries have so far been reported.

Fuel leaks and defects related to the fuel distribution system can lead to vehicle fires and have the potential to cause serious injuries. As a Chicago product liability attorney, I recommend that consumers adhere to all product recall warnings, both to prevent injury and to ensure complete economic recovery should an injury occur.

A promising new global initiative “intended to finance programs that would help reduce worldwide crash casualties was announced on Tuesday in London.” (T. Mohn, NY Times Wheels, 4/12).

The Commission for Global Road Safety has created the Driving Safety Initiative, which is “calling on the automobile industry to play a leading role in improving safety on the world’s roads through voluntary contributions added to the sale price of each new car.” Although consumers may opt out of the voluntary contributions, the vast majority of consumers are expected to be willing to contribute the equivalent of about two dollars. Bela Dinh-Zarr, the North American director of Make Roads safe, urges consumers to participate in this important cause because “it’s just $2, less than a cup of coffee, but could help buy a helmet for a child in some countries.”

According to the Commission’s chairman, Lord George Robertson, “car manufacturers and dealers can play an important, visible and positive role in saving lives and preventing disability, and we encourage them to support our proposal for a safety levy.” As a Chicago car and truck accident attorney, I join him in urging car manufacturers to take on this important task to make the roads all around the world safer.

The Driving Safety Initiative is “modeled on similar voluntary fundraising efforts for other public health epidemics, like Lance Armstrong’s Livestrong campaign for cancer,” and the initiative is part of the United Actions Decade of Action for Road Safety, which begins on May 11, 2011. As a Chicago personal injury attorney, I fully support this important initiative.

As a Chicago area car and truck accident attorney, I am thrilled by the recent reports showing that “highway deaths have fallen to their lowest levels in more than 60 years.” (K.Thomas, Washington AP, 3/31).

The U.S. Department of Transportation cited a 3% decrease in highway fatalities from 2009. Moreover, the total estimated number of fatalities at 32,788 people is the lowest number since 1949. Certainly, nearly 33,000 deaths is still far too many, but the government attributed decreases in fatalities to numerous factors including higher rate of seatbelt usage in consumers, technological increases making vehicles safer, and effective and widespread efforts to prevent drunk driving.

Even more promising is the fact that the decline in fatalities came during a year when Americans, on average, drove more miles. Although there is still much room for improvement, I am pleased with this report and am hopeful that seatbelt usage and other preventative measures will safe more lives in the years to come.

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