February 29, 2012

Lawsuit Filed After Bus Accident Causes Critical Injuries

Earlier this week, our Chicago accident attorneys read a report posted on GoSanAngelo.com detailing a lawsuit that has been filed on behalf of a couple who sustained severe injuries in a bus accident that transpired late last year. According to the article, the accident in question transpired on November 4 when a commercial bus struck a concrete culvert during travel and subsequently overturned. Upon collision, twelve of the commercial bus’s occupants were ejected – resulting in numerous injuries and fatalities.

Additionally, the bus sustained major damage that included the bus’s fiber rooftop being ripped apart from the frame. Our accident attorneys in Chicago learned that a final crash report revealed that the driver was not under the influence of alcohol at the time of the accident. However, the commercial bus driver did disclose to local authorities that he may have fallen asleep at the wheel shortly before the accident.

The bus accident lawsuit names the several companies as defendants in the case, namely those who were involved in the design, manufacturing and marketing of the commercial bus involved in the accident. The lawsuit asserts that the companies failed to perform full-scale rollover testing of the bus and was not crash worthy.

The plaintiffs allege that the bus was purchased with knowledge that it was “unreasonable and dangerously defective.” Additionally, the companies should have known of the defective condition of the bus prior to assembly.

Our Chicago accident lawyers read that the plaintiffs contend that they are still struggling with the permanent significant injuries sustained as a result of the commercial bus accident. Judgment is sought for damages related to mental anguish, as well as, physical impairment.

The plaintiff’s lawyer released a statement asserting that the photographs taken shortly after the crash reveals that a whole side of the bus was completely removed. It is held that the bus companies violated basic crash principles by designing a vehicle that did not provide proper protection to the vehicle’s occupants through failure to keep them inside the compartment.

Any Illinois accident lawyer will tell you that when any type of motor vehicle is designed in a defective manner, the risk for substantial injury and death is overwhelming. If you have been injured in a motor vehicle accident due to the defective design of the motor vehicle, you may be compensated for injuries sustained. Please contact our experienced accident attorneys to see what legal rights and relief may be available to you.

February 28, 2012

Additional Lawsuit Challenging Truck Driver HOS Filed

Earlier this month, our Illinois trucking accident blog reported a lawsuit that had filed by the American Trucking Associations challenging the Federal Motor Carrier Safety Administration’s new hours-of-service rule for truck drivers. The ATA asserts that the new rule, which requires truck drivers to spend two back-to-back 1 a.m. to 5 a.m. periods off-duty before restarting their hours of service logs for a new week, will keep some drivers off-duty much longer before permitting them to start a new work week. Additionally, the ATA argues that the new HOS rule was created through means of changed assumptions and analyses that do not meet the required legal standards.

However, subsequent litigation has been sought by numerous safety agencies – including: Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition, as well as, two truck drivers. According to a news report, posted on The Journal of Commerce Online, these groups have publicly criticized the Federal Motor Carrier Safety Administration for maintaining the 11-hour daily driving limit for large commercial vehicle drivers in the recently released final rule. Our Chicago truck accident attorneys learned that on Friday the safety groups filed for appellate review to challenge the federal HOS regulation.

In a statement released by the vice president of Advocates for Highway and Auto Safety, it was argued that it is appalling that the Federal Motor Carrier Safety Administration continues to implement rules that fail to adequately address truck driver fatigue in light of the agency’s goal to prevent truck-related deaths and injury. The Advocates for Highway and Auto Safety and Public Citizen initial wanted the FMCSA to implement a 10-hour daily driving limit and eliminate the 34-hour restart provision. However, when the FMCSA updated their final rule in late December, the 34-hour restart provision was revised – not eliminated- and the 11-hour driving limit was maintained.

Our Chicago truck accident lawyers learned that this lawsuit will ultimately lead many more additional hours of litigation pertaining to federal truck driver rules and regulations. Conflict over truck driver hours-of-service regulations has been subject to frequent legal disputes since 2003. Both the Bush administration, as well as, the Obama administration has seen challenges to the various versions of the hours-of-service rule by Public Citizen and Advocates for Highway and Auto Safety – the most recent lawsuit was dropped after the Obama administration agreed to revise the HOS rule – the same rule called into question today.

The Chicago accident attorneys at Levin & Perconti are pleased to learn that a number of safety groups across our country are taking the initiative to help curb, as well as, prevent truck driver fatigue. Given the continued number of devastating semi truck accidents caused directly by driver fatigue, something must done to prevent the recurrence of premature fatalities and serious personal injury.

February 27, 2012

Pedestrian Severely Injured in Shuttle Bus Accident

A Chicago accident attorney at our firm read a news report earlier today detailing a devastating bus accident that left one man severely injured. According to the article, posted on SFExaminer.com, the accident in question transpired earlier this month on Valentine’s Day when an elderly gentleman, reported to have been using a cane, attempted to cross a city street through the road’s crosswalk. Shortly after stepping out into the street, the man was immediately struck by an oncoming shuttle bus. In an unfortunate turn of events, the pedestrian was subsequently pinned underneath the bus.

Our accident attorney in Chicago learned that it took fire crews well over twenty minutes to extricate the victim from the wreckage. The pedestrian sustained critical injuries and is currently under advanced medical care – although he is expected to survive. The driver of the shuttle bus has received a citation for failing to yield to a pedestrian in a crosswalk. However, shortly after the devastating accident, surveillance footage of the collision became public – ultimately causing numerous groups to express their outrage over the seemingly menial charges the shuttle bus driver faced.

Pedestrian rights activists have begun expressing their desire for criminal charges to be imposed on the shuttle bus driver. However, despite their efforts to persuade their state’s District Attorney to prosecute the shuttle bus driver, prosecutors say that usually in these types of cases, criminal charges are not filed unless the accident results in fatality. Our Illinois accident lawyer read that according to a statement released by the Assistant District Attorney, in order to be found reckless in these types of cases, you must be acting in a willful disregard for the safety of others.

Additionally, the Assistant District Attorney revealed that acting in a reckless manner is not the same as being negligent. In this type of case, drivers who cause injury in collisions may be negligent, but in no way intended to act in the way that caused the harm. On the other hand, if an accident victim dies as a result of the accident, the driver may be charges with vehicular manslaughter.

Any Chicago truck accident attorney will tell you that if you or a loved one has sustained harm in any type of motor vehicle accident, civil litigation is often found to be the best avenue of relief for those whose lives have been turned upside down as the result of another’s negligence. Victims of these types of harmful accidents are often able to obtain compensation for medical expenses, lost wages, physical and emotional pain and suffering, as well as, punitive damages which aim to punish and deter the wrongdoer for their negligent behavior.

February 26, 2012

Lawsuit Filed After Fatal Trailer Accident

TimesDaily.com released a news report earlier today detailing a negligence lawsuit that has been filed on behalf of a 71 year-old man who was killed in a truck accident late last year. According to the report, the accident in question transpired on October 25 when a pickup truck towing a large trailer was traveling on an interstate highway when it became detached from the vehicle. As a result of the trailer detachment, the trailer proceeded to collided into a passenger vehicle driven by the plaintiff.

Upon collision, the accident victim’s vehicle plunged into a nearby creek – causing the almost immediate death of the driver’s 71 year-old father who was a passenger in the vehicle. The lawsuit names both the driver of the trailer, as well as, his employers, as defendants in the accident lawsuit.

According to court papers, the lawsuit asserts that the defendants were negligent and that the truck driver was “towing a dangerous trailer without a locking device and chain hook in a wrongful and/or negligent and/or wanton manner, causing the trailer to become detached and untethered while moving at a high rate of speed, causing it to veer and careen into the oncoming lane of traffic, striking and colliding with a motor vehicle driven by the plaintiff and his father.”

Our Chicago truck accident attorneys learned that the defendants deny that they are guilty of any wanton conduct on the occasion in question and deny that they wantonly caused damages to the plaintiffs. However, the truck accident lawsuit asks for punitive, as well as, compensatory damages from the defendants with the amount to be determined by a jury.

If you or a loved one has suffered severe personal injury or a tragic loss as the direct result of an Illinois trucking accident, you and your family may be entitled to compensation for damages sustained. These damages may include compensatory damages which seek to provide the accident victim compensation for a particular loss or injury that was sustained as the direct result of the unlawful conduct of another.

Compensatory damages may include lost wages, medical expenses, as well as, physical and emotional pain and suffering. Additionally, in certain situations punitive damages, which intend to punish the wrongdoer’s negligent conduct, may be awarded.

Please contact our Chicago trucking accident lawyers as soon as possible for a free consultation to help determine what legal rights and relief may be available to you.

February 25, 2012

Illinois Semi Truck Rollover Causes Cargo Spill

A large commercial vehicle transporting a trailer containing 30,000 pounds of scrap metal expelled onto the Stevenson Expressway earlier this week as a result of an Illinois trucking accident. According to the news report, posted on ChicagoTribune.com, the accident transpired around 3:15 a.m. Thursday at the bottom of the ramp leading from outbound Stevenson when the semi tractor-trailer fell onto its side in an attempt to merge onto the Expressway. As a subsequent result of the accident, the truck’s cargo of metal covered the entire roadway.

Our Chicago truck accident attorneys learned that the rollover took Illinois State Police, as well as, the Illinois Department of Transportation several hours to clear the scrap metal from the Expressway. State police were required to reroute traffic on the roadway in order to alleviate congestion. The semi truck driver and his passenger sustained no serious injuries as a result of the accident. The crash remains under investigation and as of press time, the driver has received no citations.

Any Illinois truck accident attorney will tell you that proper securement of cargo is a top priority for semi truck drivers, as well as, their trucking carriers. Current regulations for cargo securement provided by the Federal Motor Carrier Safety Administration require that drivers adhere to the following rules and procedures:

- Articles must be prevented from shifting on or within, or falling from commercial motor vehicles
- All vehicle structures, systems, parts and components used to secure cargo must be in proper working order when used to perform that function with no damaged or weakened components that could adversely affect the truck’s performance.
- Increase the use of tie downs or cargo securement devices other than those currently in use
- All rules are applicable to trucks weighing over 10,000 pounds

The experienced Chicago accident attorneys at Levin & Perconti have effectively handled a variety of motor vehicle accidents, including Illinois trucking accidents. Due to the sheer size and weight of large commercial vehicles, any type of collision has the potential for devastating or life-altering consequences. Accident victims almost always sustain serious injuries including, but not limited to: broken bones, loss of limbs, in addition to, injuries to the brain and spinal cord.

If you or a loved one has been injured in a motor vehicle accident in Illinois, please contact one of our experienced accident attorneys for a free consultation to see what legal rights may be available to you.

February 24, 2012

Two Fatalities Result in Dan Ryan Semi Truck Accident

Earlier today, ABCLocal.com reported a devastating six-vehicle accident on the Dan Ryan that resulted in two fatalities. A Chicago accident lawyer at our office read the article which revealed that the fatal accident transpired last night at around 11:30 p.m. near 47th Street. The initial accident transpired when a Chicago tour bus driver collided into a semi tractor-trailer, ultimately causing the commercial vehicle to jackknife. However, the semi truck was able to straighten out its trailer and subsequently fled the scene.

In an attempt to avoid the initial collision, a passenger vehicle swerved out of the way and proceeded to collided into an additional semi truck. A minivan, traveling behind the accident, ultimately collided into the second semi truck as well. Unfortunately, two of the passengers in the minivan were killed in the Illinois trucking accident. An additional passenger in the minivan required advanced medical attention for injuries sustained in the accident.

According to Illinois State Police, the van’s driver will face charges for their role in the accident in which alcohol is believed to have played a role. Four other individuals involved in the six-vehicle accident sustained non-life threatening injuries. The cause of the initial accident remains unknown, however, weather conditions may have played a role given that the roads were wet from rain and sleet. Local authorities are still conducting a search in attempt to locate the first semi truck.

Any Chicago truck accident attorney will tell you that when driver negligence plays a role in any type of motor vehicle accident, accident victims may be able to seek compensation for injuries sustained as a result. Drivers of all types of vehicles have a duty to exercise reasonable care when operating their vehicle and when that duty is violated, criminal and/or civil penalties may result. Driver negligence can include the following factors:

- Under the influence of alcohol or drugs
- Speeding
- Disregard for weather or traffic conditions
- Intentional or reckless operational conduct

If you or a loved one has been injured or killed in an Illinois motor vehicle accident, it is important to seek legal aid as soon as possible. These types of accidents, especially Illinois truck accidents, are particularly destructive and can cause severe personal injury and untimely death. Our Chicago trucking accident lawyers ensure that our clients receive proper compensation for the ill effects of motor vehicle accidents and make certain that negligent drivers are held liable for their wrongful actions.

February 23, 2012

School Bus Driver Charged in Collision with Van

MySunCoast.com recently released a news article detailing an injurious accident resulting from the collision between a school bus and a passenger van. According to the news report, the accident transpired Wednesday near an interstate highway on-ramp during the early morning hours. Local authorities reveal that the school bus was traveling westbound – attempting to make a left turn onto the highway’s on-ramp when a large commercial vehicle was blocking the driver’s view. Our Illinois truck accident attorneys read that allegedly the truck driver proceeded to motion the school bus driver to proceed because the road was clear of vehicles

Unfortunately, the roadway was not clear and a passenger van traveling eastbound collided into the school bus. The five passengers in the van, an adult and four children, all required advanced medical attention for injuries sustained in the accident. No passengers on the school bus were injured. Local authorities have charged the school bus driver with violating the van’s right of way.

Our Chicago truck accident attorneys read a statement released by a highway patrol trooper on the scene who advised drivers that if another driver waves you across several lanes of traffic – you are depending on a complete stranger to give you the right of way. It is important that drivers make their own decisions and although other drivers are trying to be kind, they may not always see vehicles behind them or in their blind spots.

Driver safety should always remain a number one priority for all members of the traveling public. Our Chicago trucking accident lawyers encourage drivers to observe the following driver safety tips provided by Nationwide.com in order to avoid another particularly devastating motor vehicle accident resulting in injury or even death:

- Keep 100% of your attention on driving at all times
- Refrain from using a cell phone or other electronic device while driving
- Always be aware of other drivers around you
- Always expect the unexpected from surrounding vehicles
- Secure cargo that may move during vehicle travel
- Never operate under the influence of alcohol or drugs
- Always wear your safety belt

If you have been injured in a motor vehicle accident or have lost a loved one at the hands of a negligent or careless driver, please contact our accident attorneys in Chicago for a free consultation to see what legal rights, representation and relief may be available to you.

February 22, 2012

Wrongful Death Lawsuit Filed After Fatal Truck Accident

Our Chicago truck accident attorneys recently read a news report detailing a wrongful death lawsuit that has been filed on behalf of an elderly woman who was killed in a devastating trucking accident. According to the news report, posted on DesMoinesRegister.com, the accident occurred last September when a passenger vehicle carrying four elderly women - who were on their way home from a 95th birthday party - was struck by a large commercial vehicle. A subsequent crash investigation revealed that the commercial vehicle driver had admitted to running a right light at the intersection prior to the fatal accident that killed all four women.

The relative of one of the accident victims has filed the wrongful death lawsuit against the truck driver, as well as, his employer. The lawsuit alleges that the semi truck driver showed “willful and wanton disregard for the safety of others using the same road as his employer’s trucks.” Our Illinois truck accident attorneys learned that the wrongful death lawsuit also asserts that the trucking carrier showed repeated problems with leaky brakes, in addition to, a number of other maintenance issues. According to the lawsuit, the trucking carrier’s records for vehicle maintenance violations were worse than 71.4 percent of all federally authorized motor carriers between December 16, 2009, and December 16, 2011.

The wrongful death lawsuit seeks compensation for hospital bills, pain and suffering, as well as, the diminished value of the deceased’s estate “had she lived out the term of her natural life.” Additional aspects of the court papers reveals that reimbursement is also being sought to the women’s sons for the “loss of parental services and support, companionship, comfort, guidance, affection, aid and society, which losses will continue in the future.”

Since 1992, our Chicago truck accident lawyers at Levin & Perconti have fought for the legal rights of those who have been harmed as the result of the negligent acts by all types of vehicle drivers. Semi truck drivers are required by law to operate their vehicles at an increased level of safety in order to ensure the safety of the traveling motor public. Often times, failure to maintain the safety of a semi truck, such as in the above mentioned case, results in devastating and life-altering consequences. If you have been injured in an Illinois trucking accident, please contact our accident attorneys as soon as possible for a free consultation to help determine what legal rights may be available to you.

February 21, 2012

Truck Driver Pleads Guilty for Fatal Crash

Vindy.com recently released a news report detailing the criminal charges a truck driver faces for his role in a fatal trucking accident that resulted in the fatalities of three Marine recruits. A Chicago truck accident lawyer at our firm learned that the 46 year-old semi truck driver has pleaded guilty to ten charges, including aggravated vehicular homicide, and will face a maximum sentence of up to 31 years in prison.

The fatal accident in question transpired on March 31, 2010 when a passenger vehicle containing the Marine recruits – two 19 year-olds and a 21 year-old – was stopped at a traffic light. According to the news report, the defendant truck driver struck the rear end of the recruits’ car and continued to travel an additional 581 feet. Ultimately, the semi truck struck a total of six vehicles, causing the deaths of the three recruits and injuring nine others.

In a shocking crash investigation, our Chicago truck accident attorneys learned that the semi truck driver never applied his brakes as he collided into all six vehicles. A dashboard video camera in the defendant’s semi truck showed that the driver did not react in any way as the large commercial vehicle collided into the initial vehicle carrying the recruits. A subsequent toxicology report revealed that the semi truck driver had an amount of Valium and Nordiazepam in his system that would cause the body significant “mental confusion.”

The chief forensic toxicologist on the case reviewed the dashboard video and confirmed that prior to the accident, the defendant appeared to stare in a hypnotized way – a classic effect of having those particular types of drug in his system. The semi truck driver did not have a prescription for either of the drugs. The article reveals that the semi truck driver was convicted in 1989 of drug trafficking and drug abuse. Additionally, the truck driver was also convicted of drunken driving three times – in 2000, 1992, as well as, 1987.

The semi truck driver will face a sentencing hearing in approximately five weeks. The amount of time of the defendant’s sentence will hinder on a further investigation of the driver’s background and prior criminal history. Our Chicago trucking accident attorneys learned that for three of the defendant’s charges carry a mandatory prison sentence. As a result of the devastating accident, numerous civil lawsuits have been filed against the truck driver, as well as, his trucking carrier.

February 20, 2012

Illinois Wrongful Death Lawsuit Filed Against Bus Company

An Illinois wrongful death lawsuit has been filed in Cook County Circuit Court on behalf of a 30 year-old Alsip man who was killed in a 2011 bus accident. According to a news report posted on SouthTownStar.com, the accident in question occurred on February 19, 2011, when the deceased was traveling south on Interstate 294 in Leyden Township when a school bus traveling in front of the man’s passenger vehicle “dramatically reduced speed” due to mechanical problems. Our Chicago accident lawyers learned that shortly thereafter, the school bus collided into the man’s vehicle in an attempt to change lanes.

As a result of the accident, the 30 year-old driver required advanced medical attention at a nearby hospital in Park Ridge where he was subsequently pronounced dead several hours later. However, according to an initial report released by Illinois State Police, it was determined that the passenger vehicle driver collided into the rear end of the school bus. An autopsy of the deceased confirmed that the passenger vehicle driver died of multiple injuries from his vehicle striking a bus and the death was ultimately ruled as an accident.

The wrongful death lawsuit, filed late last week by the victim’s family, alleges that the bus driver, as well as, the bus driver’s company, failed to maintain the school bus, failed to keep a sufficient lookout, in addition to, failure to keep the bus under control. Our accident lawyers in Chicago read that the wrongful death lawsuit contains eight-counts against the school bus driver and the bus company and is currently seeking an undisclosed judgment for damages.

Under current Illinois statute, 740 ILCS 180, wrongful death claims can be asserted when certain conditions are met. In order to prove wrongful death, it must be shown that the premature death of a person was caused by a wrongful act – through neglect or default – of another.

An additional aspect of the statute that must be established is that if death had not ensued as a result of the wrongful act, the injured party would be entitled to maintain an action and recover damages. In the state of Illinois, depending on the type of case, the statute of limitations for a wrongful death claim is approximately 2 years.

Our accident attorneys in Chicago have successfully handled hundreds of cases involving wrongful death and have recovered million dollar settlements on behalf of the families of victims who succumbed to a premature death as a direct result of the wrongful or negligent conduct of another. If you have lost a loved one due to another’s negligence, please contact a Chicago accident lawyer to see what legal rights may be available to you.

February 19, 2012

1 Killed, 2 Injured in Dekalb Collision Involving Semi Truck

Earlier this morning, a 21 year-old Dekalb man was killed and two others were injured after their motor vehicle collided into the rear end of a semi tractor-trailer near the 500 block of West Lincoln Highway. According to the news report posted on ChicagoTribune.com, the large commercial vehicle was stopped at an intersection when the light changed green and he began to resume travel. Shortly thereafter, a small passenger vehicle, described as traveling at a “high rate of speed”, collided into the truck. In an unfortunately turn of events, the truck driver felt something but was unaware of the accident and continued to drive for several blocks.

A Chicago truck accident attorney at our firm learned that once the truck driver had pulled over to inspect his commercial vehicle, he discovered the small passenger vehicle wedged underneath the truck’s trailer. Although the driver of the passenger vehicle was wearing a safety belt, he was pronounced dead at the scene for injuries sustained in the accident. His two passengers, the driver’s 29 year-old brother and a 33 year-old relative, had to be extricated from the vehicle by firefighters – a process which took over twenty minutes. The two passengers were airlifted to a local Dekalb hospital and are currently listed in critical condition.

According to local authorities, an immediate crash investigation revealed numerous open containers of alcohol in the passenger vehicle. Illinois police believe that alcohol may have played a predominant role in the Illinois trucking accident. As of press time, no citations have been issued to the large commercial vehicle driver. The devastatingly fatal accident that occurred only a short distance away from the Northern Illinois University Campus currently remains under investigation.

While our truck accident blog frequently discusses the unfortunate consequences of semi truck accidents caused by error at the hands of large commercial vehicle drivers – such as driver fatigue, illegal substance use, or speeding – a 2006 study conducted by Virginia Tech for the United States Department of Transportation revealed that over 78 percent of trucking collisions were caused by passenger vehicle drivers. Even though passenger vehicle drivers are not held to strict operational regulations as large commercial vehicle driver’s license holders, motor vehicle drivers must exercise the utmost caution when traveling around 80,000 pound commercial vehicles.

Our Chicago accident lawyers continue to encourage safe operation by drivers of all types of motor vehicles. Not only will safe driving aide in the prevention of motor vehicle accidents, it may one day save the live or you or a loved one.

February 18, 2012

Bus Dispatcher Faces Criminal Charges for Fatal Accident

Recently, our accident attorneys in Chicago read a news report posted on Wavy.com detailing the criminal charges a 40 year-old bus dispatcher faces for his role in a devastating bus accident that killed four people. According to the article, both the bus dispatcher and the 37 year-old bus driver face charges of involuntary manslaughter after it was determined that the low-fare bus driver had fallen asleep behind the wheel shortly before colliding into an embankment and subsequently overturning. Further investigation revealed that the bus dispatcher had ordered the driver to operate that day despite complaints from the driver that he was too fatigued.

Sadly, our Chicago accident lawyers learned that this particular bus carrier – which is a member of a new facet of the bus industry that provides inexpensive buses to convenient locations at fairly cheap rates along the East Coast – has maintained a continued operational history of allowing too-tired drivers behind the wheel of large commercial vehicles filled with unsuspecting passengers. The bus driver is currently being held on a secured $500,000 bond pending his extradition. However, if the driver refuses extradition, he will be required to attend a hearing later this week.

According the records maintained by the Federal Motor Carrier Safety Administration, the bus carrier had been involved in four accidents during the two years prior to the most recent accident. A Chicago accident lawyer at our office read in the report that of those four accidents, all resulted in either an injury or fatality. Additionally, the company has received over 46 violations for driver fatigue – ultimately ranking them worse than 86 percent of commercial motor carriers. Despite the continued prosperous nature of these particular types of low cost bus carriers, the continued string of deadly accidents associated with these companies has led to tougher federal regulations.

Every Illinois accident lawyer at Levin & Perconti is astonished that these types of bus companies continue to operate on our nation’s roadways in blatant disregard of federal carrier regulations. It is truly unfortunate that often times lives have to be lost in order to governmental authorities to place these dangerous carriers out of service. Continued regulation of passenger-carrying motor vehicles must be implemented by federal and state authorities in order to prevent the recurrence of these devastating accidents that often result in severe personal injury or even premature death.

If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent driver, please contact our experienced accident attorneys for a free consultation.

February 17, 2012

Distraction Prevention Guidelines Proposed by DOT

Earlier this week, the United States Department of Transportation publicized their proposed voluntary guidelines that aim at persuading automobile makers to limit distractions for in-vehicle electronic devices. Our Chicago truck accident attorneys learned that these propositions would be applicable to communications, entertainment, information gathering, as well as, other navigational functions that have play prominent roles in driver distraction in many automobiles on the market today. Although a majority of these guidelines are aimed towards motor vehicles less than 10,000 pounds, a National Highway Traffic Safety Association spokesperson revealed that the agency will be looking into applying the guidelines to heavier commercial vehicles with the Federal Motor Carrier Safety Administration at a later date.

Currently, Phase I guidelines have been proposed to include information for manufacturers that would ensure that the systems or devices used in the creation of new motor vehicles hold the least likelihood of causing distraction to the driver of that vehicle. A Chicago truck accident lawyer at our office read on TruckingInfo.com that overall the voluntary guidelines seeks to prevent distractions that are not directly relevant to safely operating the vehicle or cause unnecessary distraction by persuading the driver to take their hands or eyes off the vehicle for more than just a few seconds while driving.

The proposed Phase I guidelines currently include the following recommendations:

- Reduce complexity and task length required by the device
- Limit device operation to one hand only (leaving the other hand to remain on the steering wheel in order to control the motor vehicle)
- Limit individual off-road glances required for device operation to no more than two seconds in duration
- Limit unnecessary visual information in the driver’s field of view
- Limit the amount of manual inputs required for device operation

According to the National Highway Traffic Safety Administration, Phase II of the guidelines will most likely address distraction causing devices that are not currently equipped in motor vehicles but are brought into the vehicle and used during vehicle operation. These devices include, but are not limited to, portable personal electronic devices such as navigation systems, smart phones, electronic tablets and pads, in addition to, any other mobile communication device. Our Illinois trucking accident attorneys read that the National Highway Traffic Safety Administration will hold public hearings on the above mentioned issues in order to solicit public comment. The hearings will transpired during the month of March in Los Angeles, Washington D.C., as well as, Chicago.

February 16, 2012

Trucking Association Challenges Hours-of-Service Regulations

Bloomberg.com released a report earlier this week detailing a legal petition that has been filed by one of the largest U.S. trucking groups, American Trucking Associations. The petition challenges that Transportation’s Departments driver fatigue rules that were previously established during the implementation of the new commercial vehicle driver hours-of-service rules. Our Chicago truck accident attorneys learned that the president and chief executive officer of the American Trucking Associations released a statement asserting that the driver fatigue rules focus on the wrong safety issues, in addition to, not meeting legal requirements.

Additionally, the American Trucking Associations President alleges that the rule-making implemented under a cloud of changed assumptions and analyses that does not meet required legal standards. Another representation for the American Trucking Associations asserts while the final hours-of-service rule maintained an 11-hour limit on the number of hours a trucker is permitted to driver – instead of limiting it to the proposed 10 hours, the trucking industry objects to the current requirement of a 34-hour rest period each week that would require drivers to be off two consecutive nights.

When addressing driver fatigue issues, the group states that many more fatalities and injuries are due to large commercial vehicle accidents caused by speeding rather than driver fatigue. However, our Chicago trucking accident lawyers learned that the federal government has been sued in 2003, 2006, as well as 2009 for permitting 11-hour driving shifts. Upon the settlement of the third lawsuit, the Federal Motor Carrier Safety Administration agreed that the agency would review and rebuild the regulation.

Nevertheless, regardless of the highly debated topic over truck driver’s hours-of-service regulations, the statistics don’t lie. According to preliminary data compiled by the National Highway Traffic Safety Administration, there were approximately 3,675 truck-related fatalities in 2010 – up 8.7 percent from 3,3,80 fatalities in 2009. As for trucking companies, the final regulation, which should cost carriers at least $1 billion, will take effect July 1, 2013.

Truck driver fatigue is a continuous issue that will continue plague our interstate highway system until trucking carriers and governmental agencies put aside their desire to transport more goods at heavier loads and focus and the safety of the traveling public. Every Chicago truck accident lawyer at our office urges lawmakers to uphold the current hours-of-service rules in order to ensure that truck drivers get enough adequate rest in order to drive 80,000 pound commercial vehicles with the utmost safety.

February 15, 2012

Illinois Truck Driver Killed in I-70 Accident

Earlier today, IndyStar.com released a news report revealing the premature death of an Illinois semi truck driver who was killed when his disabled commercial vehicle was struck by another semi truck along Interstate 70. A Chicago truck accident lawyer at our office read the report which detailed how the accident transpired early this morning at around 7:30 a.m. According to preliminary reports, a large commercial vehicle being operated by a 60 year-old truck driver jackknifed on the wet interstate highway and collided into a disabled semi tractor-trailer that was parked alongside of the shoulder.

The collision caused the disabled semi truck to collide into the tow truck that was attempting to tow the disabled semi truck away. Both of the drivers of the tow truck, as well as, the semi truck driver were standing outside of their vehicles at the time of the collision. The driver of the tow truck was able to move aside before the collision but in an unfortunate turn of events, the driver of the disabled semi truck was pinned between the vehicles as a result of the accident and was later pronounced dead at the scene.

The accident caused the eastbound lanes of the interstate highway to remain close for several hours while the scene was cleared and an investigation conducted. According to the report, local authorities revealed that the main causation factor for a majority of the crashes was motorists traveling too fast for the slick conditions of the roadway. Additionally, witnesses revealed that the large commercial vehicle that jackknifed appeared to be going faster than the other motor vehicles on the roadway.

Even though the operators of large commercial vehicles are required to adhere to the strict rules and regulations enacted by our state and federal governments, Illinois trucking accidents continue to occur each and every day. These accidents commonly result in devastating injuries and more often – untimely death.

These accidents are commonly caused by the careless or negligent operation of vehicles that require the utmost care during travel. In a civil court of law, truck drivers and their companies are often found legally liable for negligence or wrongful death in semi truck accidents that result in the injury or fatality of another.

If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent semi truck driver, please contact a Chicago truck accident attorney to help determine what legal rights may be available to you.

February 14, 2012

Truck Accident Victim Awarded $4.68M Settlement

A negligence lawsuit stemming from a devastating trucking accident has finally reached a settlement – according to DailyCommercial.com. Our Chicago truck accident attorneys learned that a jury awarded the accident victim $4.65 million as a result of the tragic injuries he sustained as a result of the negligent truck driver. The accident in question transpired in late November 2008 when the victim’s passenger vehicle was rear ended by the defendant’s large commercial vehicle. Upon collision, the victim’s car was crushed and lifted off the ground – subsequently dragged down the expressway.

The negligence lawsuit asserted that the truck driver had quickly changed lanes prior to the devastating collision. At trial, an accident reconstructionist expert testified that the truck driver was speeding upon collision and negligently caused the accident. The accident victim required advanced medical attention for injuries sustained as a result of the accident which ultimately included having to undergo spinal surgery. During surgery to the victim’s spine, a required insertion of three artificial implants had to be inserted in the 53 year-olds neck.

Our Chicago trucking accident lawyers learned that the accident left the victim unable to return to his job of over 33 years. The jury awarded the victim over $1.5 million to compensate for lost wages, as well as, medical expenses. The trucking company was ultimately found negligent and is required to pay an additional $1.5 million for conscious pain and suffering which would remain with the victim every day for the rest of his life – according to the 53 year-olds treating physicians who testified at trial.

Our experienced Illinois truck accident attorneys have handled a number of cases involving the devastating effects that semi truck accidents have on their victims. We recently obtained a record $6.5 million settlement on behalf of the accident victims of an Illinois trucking accident. Due to the negligence of a semi truck driver, who was later found to be under the influence of marijuana, as well as, operating an overloaded trailer, an Illinois family sustained a devastating loss in an accident that killed a woman and severely injured her husband and son.

Every Chicago accident attorney at Levin & Perconti provides qualified legal representation to those whose lives have been significantly altered at the hands of a negligent driver. Our attorneys ensure that our clients are properly compensated for their devastating injuries and losses. We hold large commercial vehicle drivers, as well as, their companies liable for their failure to maintain the safe operation of large commercial vehicles. Our lawyers can help victim’s family members, as well as, those injured themselves seek justice against the negligence of wrongdoers.

February 13, 2012

No Criminal Charges Against Truck Driver in Fatal Crash

Earlier today, a Chicago truck accident attorney at our office read a report on OregonLive.com which revealed that after a grand jury hearing, a semi truck driver will not face criminal charges for his role in a fatal 2011 trucking accident. According to the news report, the accident in question transpired on November 25 of last year when a 35 year-old large commercial vehicle driver was sped through a red light – subsequently colliding into the front end of an SUV, who in turn collided into an additional SUV that was stopped on the roadway. The semi truck dragged the second SUV approximately 50 yards before the commercial vehicle tipped over on its side – crushing the SUV.

The driver of the second SUV was pronounced dead at the scene due to injuries sustained as a result of the accident. Fortunately, the driver of the first SUV did not sustain any majority injuries. Our Chicago trucking accident lawyers learned that a grand jury reviewed the case last week and has since declined to issue criminal charges against the 35 year-old semi truck driver. However, the driver has received citations for careless driving, driving while suspended, as well as, failure to obey a traffic control device.

Although the news article does not confirm whether or not the family of the deceased accident victim plan on seeking civil legal action against the commercial vehicle driver, from the perspective of a Chicago truck accident lawyer, the family may have a cause of action for a wrongful death lawsuit. Wrongful death lawsuits are claims on the basis that the wrongful or negligent conduct of another cause the premature death of another. In this particular case, the commercial vehicle driver’s failure to safely operate his large truck, as well as, failure to obey a traffic control device was a direct cause of the victim’s fatality. If the driver is found negligent, the victim’s family may be able to obtain compensation for damages incurred.

When excessive speed or careless driving plays a contributing factor in an Illinois trucking accident resulting in serious personal injury or even wrongful death, the truck driver and their trucking carrier may be subject to civil trucking litigation. Truck drivers are required by both federal and state laws to exercise reasonable care when operating their vehicles on our nation’s roadways. In many cases, failure to exercise reasonable and responsible care during commercial vehicle travel may constitute negligence in the event that an accident transpires.

February 12, 2012

Truck Driver Faces Charges for Hit-and-Run

Our Chicago truck accident attorneys recently read a report on Reformer.com detailing the arrest of a large commercial vehicle driver after his involvement in a hit-and-run accident. The article reveals that the accident transpired when the semi truck struck a small passenger vehicle that was stopped at a red light. The large truck continued to drive up and over the hood of the passenger vehicle before fleeing the scene of the accident.

The driver of the passenger vehicle required advanced medical care for injuries sustained in the accident and her motor vehicle sustained additional heavy damage. The truck driver, who was traveling from Decataur, Illinois, was subsequently located shortly after the accident.

The 31 year-old truck driver was arrested for leaving the scene of an accident, as well as, careless and negligent operation of a large commercial vehicle. The driver was also issued additional violations from the Department of Motor Vehicles after a post-accident inspection revealed inaccuracies in the commercial vehicle driver’s logbook, in addition to, driving in excess of the hours-of-service rule without sufficient rest.

The driver has been issued a $156 ticket and was ordered out of service for 10 hours for falsifying his driver’s logbook. The additional citations received by the commercial vehicle driver include failure to record mileage, driving more than 11 hours straight, and exceeding the number of hours permitted to driver within an 11 hour period.

Any Chicago truck accident lawyer will tell you that hit-and-run accidents are particularly devastating, especially if it is committed at the hands of a large commercial vehicle driver. Any time a semi truck is operated there are various rules and regulations the driver, as well as, the trucking company must follow in order to ensure the utmost safety.

If the truck driver or their trucking carrier refuses to adhere to these regulations and an accident ensues, a civil claim of negligence may be made against the wrongdoer. In the event that a semi truck driver flees the scene of an accident, they may be punished with a fine and imprisonment based on the state’s laws and the severity of the damages the accident caused.

If you have been injured in an Illinois trucking accident or have lost a loved one due to a careless or negligent semi truck driver, please contact an accident attorney in Chicago as soon as possible. Our knowledgeable attorneys will examine the facts of your case, evaluate your claim, review available options, as well as, work with insurance companies and other involved parties in your case to ensure that you or your loved one is properly assisted in your time of need.

February 11, 2012

Push For Heavier Truck Legislation Subsides

LandLineMag.com reports that in light of the legislative push to increase the size and weight of large commercial vehicles, the American Trucking Associations have officially withdrawn their petition for heavier trucks. Our Chicago truck accident lawyers learned that earlier this week, the presidents of both the American Trucking Associations, as well as, the Association of American Railroads have signed a joint letter which urges legislative representatives to oppose longer and heavier trucks. The increased truck weight limit and size is an article found within a House bill entitled “HR7” which is a $260 billion surface transportation authorization bill. The provision would result in increased truck weights of up to 97,000 pounds and permitted states to make decisions regarding longer combination vehicles – such as double or triple tractor-trailers.

The news report reveals that given the joint agreement of both the American Trucking Associations and the Association of American Railroads, the likelihood that the heavier truck provision will continue as part of “HR7” is slim to none. However, our accident attorneys in Chicago learned that although the increased truck weight and size issue has subsided, provisions of the House bill would still permit several states to implement a program which would allow testing of 126,000 pound commercial vehicles on 25 mile stretches of interstate highways. Over the course of the following week, debate over “HR7” will continue to remain a topic in the House as lawmakers are set to begin debating the bill and proposing floor amendments.

Any Chicago accident lawyer will tell you that heavier and larger commercial vehicles pose a significant threat to the safety on our nation’s roadways. SafeRoads.org reveals that not only do overweight (over 80,000 pounds) trucks take significantly longer to come to complete stops; they are substantially more prone to roll-over accidents. Additionally, overweight commercial vehicles cause major damage to both roadways and bridges at rapidly increasing rates – even when slightly overloaded. According to a 2005 study conducted by the National Highway Transportation Safety Administration, 5,190 fatalities were reported in 2004 as a direct result of large trucks, an additional 116,000 were injured in large truck collisions.

If you have been injured in an Illinois trucking accident or have lost a loved one as a result of an overloaded semi truck accident, please contact our Illinois truck accident attorneys. Our experienced lawyers will provide a free initial consultation to help determine what legal rights and relief may be available to you.

February 10, 2012

IDOT to Focus on Wrong-Way Crash Prevention

Recently, our Illinois truck accident attorneys read a news report posted on NBCChicago.com detailing an initiative that will be taken by the Illinois Department of Transportation in an effort to reduce the prevalence of wrong-way motor vehicle accidents throughout the state. The article reveals that both the Illinois Department of Transportation, as well as, Southern Illinois University at Edwardsville has been reviewing potential solutions for the past year. The groups seek to find remedies aside from the already vast number of oversized “do not enter” and “wrong way” signs that run up and down the state’s highway system.

Potential solutions to this increasing epidemic include: more or different pavement markings, changes to signage and different roadway designs, including those that incorporate varying turning radii and medians. The article provides additional shocking statistics that further explore the escalating frequency of wrong-way motor vehicle accidents. Our Chicago truck accident attorneys learned that each year, an approximate 30 to 40 crashes occur in Illinois subsequently resulting in an increasing number of fatalities. Further studies show that some of the main factors in wrong way accident are alcohol, night time driving, as well as, urban driving.

According to the National Highway Traffic Safety Administration, wrong way drivers are involved in approximately 1.5 percent of all fatal motor vehicle accidents. Generally, the most common causes of these accidents fall into a number of the following categories:
• Inattentive Driver
• Intoxicated Driver
• Older Drivers who are easily confused
• Drivers attempting to avoid traffic jams and/or congestion

In order to avoid the often devastating effects that commonly result from motor vehicle accidents caused by wrong-way travel, every Chicago truck accident lawyer at Levin & Perconti recommends that drivers of all types of motor vehicles adhere to the following guidelines:

• Never drive intoxicated
• Refrain from using cellular devices during vehicle operation
• Avoid all driver distractions
• Come to complete stops at divided highways and always read traffic safety signs

When these types of improvements to roadway safety are implemented, a substantial dent is made in the rate of motor vehicle accidents, including Illinois trucking accidents, which occur on our nation’s roadways each and every year. Our Chicago trucking accident attorneys continue to encourage annual roadway improvements, in addition to, safe vehicle operation. With the winter months upon us, drivers of all types of vehicles must exercise the utmost care during vehicle operation in order to prevent the recurrence of these types of devastating wrong-way accidents.

February 9, 2012

Sleep Apnea Gets 11 Recommendations by the FMCSA

TodaysTrucking.com released a news article earlier today detailing eleven new recommendations that have been issued by the Federal Motor Carrier Safety Administration pertaining to large commercial vehicle drivers and sleep apnea. These recommendations come in light of a joint meeting that was conducted this past week involving the Federal Motor Carrier Safety Administration’s Motor Carrier Safety Advisory Committee and the Medical Review Board.

The eleven recommendations contain various provisions and requirements, such as requiring all commercial vehicle drivers’ license holders who maintain a body mass index measurement (BMI) of 35 or higher be tested for sleep apnea. Our Chicago accident lawyers learned that an acceptable method of treatment for sleep apnea in truck drivers is the continuous positive airway pressure (CPAP) machines.

However, any further rulemaking or guidance based on the eleven recommendations for large commercial vehicle drivers with sleep apnea – the Federal Motor Carrier Safety Administration will open up these issues for public comment. Overall, our accident attorneys in Chicago read that rulemaking on this issued will take numerous years to develop. Meanwhile, while the United States is deciding on potential legislation dealing with this severely controversial and discussed issue, the Canadian Trucking Alliance is preparing a sleep apnea testing pilot program that will be implemented in the spring.

The National Heart Lung and Blood Institute defines sleep apnea as a disorder in which an individual who suffers from the condition displays one or more pauses in breathing or shallow breathes during sleep. This condition ultimately results in poor sleep quality that makes the individual who suffers from sleep apnea to be extremely fatigued during the day. Sleep apnea continues to remain one of the primary leading causes of excessive daytime sleepiness.

If a large commercial vehicle driver suffers from sleep apnea and does not receive treatment for the condition, the results can be extremely hazardous – both for the individual sufferer, as well as, other vehicles traveling on the roadway with the driver. A recent study conducted by the Federal Motor Carrier Safety Administration revealed that as least 28 percent of all commercial drivers’ license holders suffer from sleep apnea.

An additional study by the FMCSA showed that drivers who operated with untreated sleep apnea performed significantly worse on tests than healthy subjects who were alert but had a blood alcohol concentration exceeding the federal limit for operating a large commercial vehicle.

If you or a loved one has been injured in an Illinois trucking accident due to truck driver fatigue or sleep apnea, please contact an experienced Chicago accident lawyer at Levin & Perconti to see what legal rights and relief may be available to you.

February 8, 2012

Trucking Carrier Shut Down by FMCSA for Violations

Earlier today, a Chicago truck accident lawyer at our firm learned that a trucking carrier has been shut down by the Federal Motor Carrier Safety Administration shortly after being deemed an “imminent hazard” to the safety of the traveling public. After extensive review and subsequent investigation conducted by the Federal Motor Carrier Safety Administration it was revealed that the trucking company had violated several federal safety violations. These violations ranged from using drivers who did not maintain valid commercial large commercial vehicle driver’s licenses, as well as, using drivers who failed to meet the federal English-proficiency requirements.

The news report detailing the carrier’s shut down, found on Indianapolis Business Journal Online, further revealed that a number of the trucking carrier’s drivers may ultimately face civil penalties, as well as, driver disqualification for their numerous safety violations. Prior to the company’s shut down by the Federal Motor Carrier Safety Administration, local authorities had conducted a total of 26 roadside inspections of the company’s large commercial vehicles between November 3 and January 27. Of those inspections, the trucking carrier’s drivers received citations 21 times for not being proficient in English, 12 times for not having a commercial vehicle driver’s license, 10 times for exceeding vehicle weight limits, in addition to, 8 times for exceeding tire-weight limits.

Overall, our Chicago trucking accident attorneys learned that trucking carrier continued to operate and violate the same regulations despite receiving numerous warnings. The carrier will ultimately face severe fines of up to $16,000 per day if they continue operate -- post the declaration of the company by the Federal Motor Carrier Safety Administration as an “imminent harm” to the general public. However, the company is allowed to resume business, if and only if, they correct the various issues at hand and develop a strict compliance plan with the Federal Motor Carrier Safety Administration.

Any Chicago truck accident attorney will tell you that semi truck rules and regulations are established by both the federal and state government to ensure the safety of our roadways. These rules are enacted to prevent the thousands of injuries and fatalities that ensue each year as a direct result of trucking accidents. These regulations require that large commercial vehicle drivers adhere to a minimum standard of care when operating their commercial vehicle. According to the Federal Motor Carrier Safety Administration, a large commercial vehicle driver standard of care is defined as the prevention of accidents by anticipating hazardous situations and adjusting driving behavior to compensate. Any violation of this standard may be grounds for negligence if an accident ensues.

February 7, 2012

Wrongful Death Lawsuit Settled in 2010 Bus Accident

A wrongful death lawsuit stemming from a fatal 2010 bus accident that took the life of a 16 year-old boy has reached a settlement, according to a news report posted on Fox4KC.com. The bus accident in question transpired during the early morning hours of November 2010 when a 23 year-old bus driver geared up to drive her school bus on its designated route. It was particularly cold on that day and the bus’s windows were extremely icy. The driver failed to clear the windows before beginning travel – even opening the bus’s door in order to get a better look while driving. Subsequently, as a result of failure to maintain clear windows while driving the bus driver struck and killed a 16 year-old boy.

Ultimately, our Chicago truck accident lawyers learned that the lawsuit, which was filed on behalf of the 16 year-old boy by his mother, reached a $5 million settlement against one of the nation’s biggest transportation providers. In part of the wrongful death settlement, the boy’s mother will be allowed to speak at driver trainings for the company in order to address the various issues surrounding the wrongful operation of a 26,000 pound vehicle. The news report also reveals that the school board will review next Monday if they will continue their contract with the bus’s company.

Any Chicago truck accident lawyer will tell you that large commercial vehicles, whether that is a school bus or a semi tractor-trailer, are considerably less maneuverable than other types of vehicles and must be operated with the highest care and expertise. Although large commercial vehicle drivers are required to undergo extensive training and obtain a specialized license in order to operate their vehicles, often times Illinois trucking accidents occur through driver error or negligence.

When a large commercial vehicle driver operates while fatigued, distracted (cell phone use or texting), or even under the influence of alcohol or other illegal substance and causes a motor vehicle collision with another vehicle, accident victims may have a cause of action against the commercial vehicle driver and his/her company for negligence.

If you have been injured in a passenger vehicle or truck accident or have lost a loved one due to the careless of negligent acts of a driver, please contact our experienced Illinois truck accident attorneys as soon as possible. Our knowledgeable attorneys will provide a free initial consultation to help determine what legal rights, representation and remedies may be available to you.

February 6, 2012

Driver Injured in Belleville Tractor-Trailer Accident

Belleville News-Democrat Online released a news report earlier today detailing an Illinois trucking accident that occurred on Illinois 15. The report states that a passenger vehicle was traveling westbound on Illinois 15 near the intersection of 11th Street in Belleville when the vehicle slammed into the rear ended of a semi tractor-trailer. Our Chicago truck accident attorneys learned that the driver of the passenger vehicle required advanced medical attention for unknown injuries. The collision caused the right westbound lane of Illinois 15 to remain closed for several hours while local authorities investigated the accident.

According to a witness of the tractor-trailer impact, the accident transpired during severe traffic congestion. It is alleged that the driver of the passenger vehicle attempted to serve away from the truck prior to the collision. Fortunately, no other motor vehicles were involved in this collision and the driver of the tractor-trailer remained unharmed. Our Chicago trucking accident lawyers learned that the accident still remains under thorough investigation by Illinois police and no citations have been issues as of press time.

Although our Illinois trucking accident blog frequently reports the devastating effects of semi truck accidents caused by commercial vehicle drivers, often times the unsafe acts of passenger vehicle drivers causes the occurrence of these life-altering accidents. Even though drivers of commercial vehicles are held to an advanced standard of care when operating large trucks, passenger vehicle drivers also have an obligation to operate in a safe and lawful manner.

According to a study recently completed by the Federal Motor Carrier Safety Administration, every year over 40,000 people are killed in motor vehicle accidents – with over 5,000 of these fatalities resulting from collisions involving large commercial vehicles. Additional statistics reveal that large commercial vehicle drivers were held liable for these collisions about 44% of the time.

Every year, our accident lawyers in Chicago handle a variety of cases for clients who have had their lives turned upside down as the result of a motor vehicle collision. When the negligent driving of another vehicle results in severe injury or even death, civil litigation can often be sought. Accident victims may be able to obtain compensation for their damages that include but are not limited to: lost wages, medical expenses, physical and emotion pain and suffering, in addition to, punitive damages which aim to punish the negligent party’s wrongful behavior.

If you have been involved in an accident, please contact our experienced Chicago accident attorneys. Our lawyers will provide a free initial consultation to help determine what legal rights and relief may be available to you.

February 5, 2012

Truck Accident Lawsuit Filed on Behalf of 14 Year-Old Pedestrian

Earlier today, a Chicago truck accident attorney at Levin & Perconti read a news report detailing a lawsuit that has been filed on behalf of a 14 year-old boy after he sustained severe personal injury in a devastating truck accident. LoHud.com reports that the injury-resulting accident transpired on May 5 when the middle school student was crossing the street outside of his school when he was struck by a large truck. The 14 year-old boy sustained a fracture to his skull, as well as, traumatic brain injury as a result of the accident. He spent over 13 days in the hospital before he was sent to rehabilitative care.

The lawsuit has been filed by the parents of the 14 year-old boy naming the truck driver, the school district, the county, as well as, the town as defendants in the truck accident lawsuit. Our Chicago accident lawyers learned that the family is asserting that with no crosswalk or crossing guard at the intersection where the tragic accident occurred, the intersection was not safe for children who walk to school. It is also alleged in the lawsuit that government officials in the town and county had a legal duty to provide safe routes to school and to install traffic-control devices and a crosswalk.

However, the news report points out that the family filed a notice of claim against the town past the 90-day deadline and have asked the court for permission to file a late notice. Our accident attorneys in Chicago learned that the town has opposed this motion, alleging that the roadway in question is owned by the county and they are not permitted to install traffic-control devices. The county, as well as, the school district have filed motions for summary judgment in order to get the case dismissed.

The county asserts that the truck accident lawsuit does not meet the legal standard for constituting negligence, in part due to the fact that the boy’s family was never notified the county of the dangerous roadway conditions along that particular road. On the other hand, the county asserts that the town did have the authority to install a crosswalk along the accident’s roadway.

When these types of devastating personal injury accidents transpire, it is important to obtain experienced legal aid in order to obtain the maximum compensation possible for your injuries. If you have been injured in an Illinois trucking accident or have lost a loved one, please contact our knowledgeable attorneys to see what legal rights and relief may be available to you.

February 4, 2012

Illinois Truck Driver Killed in Collision with Horse Trailer

A 50 year-old semi truck driver was killed earlier this morning in a collision with a horse trailer – according to a report posted on ChicagoTribune.com. Our Chicago trucking accident attorneys learned that earlier today an empty horse trailer came loose from an SUV on an interstate toll road and collided into a semi tractor-trailer. Although the horse trailer was empty, upon becoming dislodged from the SUV the trailer jumped the roadway’s median and traveled into the eastbound lanes of the roadway. The collision with the semi truck caused the truck’s driver to lose control of his large commercial vehicle and cross into the westbound lanes of the roadway.

The driver of the large commercial vehicle was pronounced dead at the scene of the accident after suffering an apparent blunt force trauma. According to local authorities, the driver of the SUV was not under the influence of alcohol or substances and did not appear to make any unsafe lane changes prior to the semi truck accident. The SUV driver has not received a citation or charged in connection with the fatal accident.

While a majority of semi truck accidents occur as a direct result of semi truck driver negligence, truck drivers are not always at fault, such as in this case. Our Chicago trucking accident lawyers continue to strongly encourage and promote safe driving for drivers of all type of motor vehicles. Often times, these types of accident occur when driver deviate from Illinois driving laws. Failure to follow these laws may result in a strict fine, or even worse – a fatal Illinois trucking accident.

Our Illinois truck accident attorneys have represented hundreds of victims of negligence and know first-hand the devastating and life-altering effects that motor vehicle accident can have on victims and their entire families. Many times, seriously injured victims and their families are faced with large medical expenses, lost income, long recoveries, and even life-long disability. Due to this, victims of these devastating accidents should seek legal relief in order to recover compensation if their accident was caused by the negligence of others.

If you have been injured in a motor vehicle accident or have lost a loved one at the hands of negligent driver, you may be able to seek compensation for damages incurred. Please contact our experienced and knowledgeable Chicago truck accident attorneys to see what legal rights, representation and relief may be available to you.

February 3, 2012

Wrongful Death Lawsuit Filed after Fatal Fire Truck Accident

A Chicago truck accident attorney at our firm recently read a news report posted on SiLive.com detailing a wrongful death lawsuit that has been filed on behalf of a victim of a fire truck accident. The accident in question occurred in March 2011 when a fire truck was in route to respond to a vehicular fire on an interstate highway. The fire truck came to an intersection where the opposing way of travel had the green light. A passenger van carrying developmentally disabled adults was traveling through the intersection when the fire truck fatally struck the van. The accident caused the subsequent death of a 51 year-old passenger, critically injured two, in addition to, causing minor injuries to the remaining six van occupants, as well as, six fire fighters.

The wrongful death lawsuit names the City of New York, as well as, the passenger van’s driver and company as defendants in the suit. The lawsuit seeks an unspecified amount of monetary damages. This lawsuit marks the second lawsuit that has been filed as a result of this devastating accident. In December of last year, the family of a 61 year-old passenger filed a wrongful death lawsuit after the victim’s critical injuries ultimately proved fatal. Our Chicago trucking accident lawyers learned that according to New York state law, the driver of an emergency vehicle may proceed past a steady or flashing red signal or stop sign “only after slowing down as may be necessary for safe operation.”

The driver may exceed the maximum speed limits as long as he/she does not endanger life or property. In an unfortunate turn of events, it was later revealed that the call the fire trucks were responding to turned out to be nothing more than an overheated passenger vehicle. The president of the passenger van’s company releases a statement which revealed that the company that a police investigation had cleared the company of any responsibility in the accident. Any Chicago truck accident lawyer will tell you that given the sheer size, weight, and speed of travel at which fire trucks operates – the potential for a serious and life-threatening accident resulting in personal injury or wrongful death substantially increases.

Our Illinois trucking accident attorneys share firsthand knowledge when handling accidents involving any and all types of motor vehicles – including fire trucks. Recently, our attorneys obtained a $10 million settlement on behalf of a 5 year-old boy who sustained critical injury when he was run over by a City of Chicago Fire Department truck while playing in an open fire hydrant. The resulting injury included the loss of his leg, as well as, half of his pelvis. If you have been injured in an Illinois trucking accident or have lost a loved one, please contact our experienced accident lawyers to see what legal rights may be available to you.

February 2, 2012

10 Injured in Kane County Bus Accident

MyFoxChicago.com recently released a news report detailing a devastating Kane County school bus accident that resulted in the injury of nine special-needs schoolchildren, as well as, the driver of the school bus. Our Chicago accident lawyers learned that according to police reports, the accident transpired as the bus was traveling eastbound on Granart Road when it traveled off the roadway for an unknown reason. The bus driver attempted to adjust the vehicle’s path but was unable to before the school bus went into an off-roadway ditch. Subsequently, this caused the school bus to tipped over onto its side – but did not roll over. Fortunately, all of the school children were wearing safety belts which ultimately help prevent substantial severe injury.

At the time of the initial report, the bus accident remained under investigation with no citations being issued. However, earlier today our accident lawyers in Chicago read a follow up article to the unfortunate accident posted on DailyHerald.com. According to the news article, a number of students on the bus, which was operated by Illinois Central School Bus, assert that the accident occurred as a result of the bus driver falling asleep behind the wheel. Several witnesses have stepped forward alleging that the school bus driver has displayed a continued pattern of fatigued driving, beginning when the driver began the bus route in September.

Our Chicago trucking accident attorneys learned that many of the school-children began noticing a regular pattern of the bus driving nodding off and swerving erratically during travel. One of the students even alerted her mother about her concerns who subsequently called into Illinois Central numerous times to complain. However, the safety director of Illinois Central has released a statement asserting that his company never received complaints about the driver although the driver was monitored in October after a concerned call from the school district.

A camera was equipped into the driver’s bus for several days while he was being monitored. The driver’s company found no evidence of the driver falling asleep during transportation. Shortly thereafter, the bus company contacted the school district to let them know that the driver posed no safety concerns. According to the news report, the Kane County sheriff’s officials are still conducted a thorough investigation into the accident and officials are not planning to release the information pertaining to the accident until late next week. The driver’s toxicology results are still pending.

February 1, 2012

Lawsuit Filed in Fatal 2011 Bus-Truck Accident

Yesterday, our Illinois truck accident attorneys read a report detailing an accident lawsuit that has been filed on behalf of a 43-year old woman who sustained fatal injuries in a devastating bus-truck collision. According to the news report, published on NationalPost.com, the fatal accident occurred in August of 2011 when the charter bus the woman was traveling on collided into the rear end of a flatbed semi tractor-trailer. Since the fatal accident, which also injured thirteen other passengers, the family of the deceased woman has filed a $4.25 million lawsuit against the trucking company, as well as, the drivers of the vehicles involved in the accident.

Shortly thereafter the fatal accident, the bus driver was charged with criminal negligence causing death and possession of cannabis. The lawsuit asserts that the driver’s bus company acted negligently by allowing their driver to allegedly operate the bus while impaired, in addition to, in possession of marijuana. Our Chicago truck accident attorneys learned that in the claim, the plaintiffs allege that the driver had been smoking marijuana and at the time of the fatal accident, his faculties of observation, perception, judgment, as well as, self control were impaired.

Additionally, given the driver’s physical and mental condition, he was incompetent to operate a charter bus with reasonable care and attention. The family of the deceased seeks claims of $250,000 in special damages, $3 million in general damages, in addition to, $1 million in punitive, exemplary and aggravated damages against the charter bus driver and his trucking carrier.

Our Chicago trucking accident attorneys continue to encourage trucking and bus companies to hold their large commercial vehicle drivers to strict and unparallel standards when operating such massive vehicles. Our attorneys know first-hand the tragic loss of life and/or serious injury that will almost always result from driver negligence. If the driver of any type of vehicle operates in a careless manner and causes an accident that results in a fatality, the driver may be held legally liable for the wrongful death of another.

Drivers have a duty to themselves, as well as, other to operate their vehicle safely and when this is breach and injuries are sustained, legal action can and should be sought. If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent driver, please contact our experienced accident attorneys in Chicago to see what legal rights may be available to you.