Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

February 27, 2010

Jury Awards $4 Million Illinois Wrongful Death Verdict to Children of Couple Killed in Interstate 39 Truck Accident

A jury has awarded Adam and Eric Rautio $4 million in their Illinois wrongful death lawsuit over the truck crash that killed their parents. Faye and Donald Rautio died in a seven-vehicle crash on Interstate 39 in 2007.

The defendant in the Illinois semi-truck case, trucking company Heartland Express, had admitted liability because trucker William Hinds fell asleep at the wheel. This means that all the jury had to do was decide how much should be awarded in damages to the men.

After dozing off, Hinds’s semi-truck struck a Ford Taurus, killing the Rockford woman driving the vehicle and triggering a multi-vehicle La Salle County auto crash. One of the vehicles involved in the truck accident was the Toyota Camry that 67-year-old Donald Ratio was driving. The impact pushed his vehicle into another semi-truck, fatally injuring him and his 65-year-old wife Faye.

Hinds was also seriously injured in the Illinois truck collision. Originally named a defendant in the Rautio’s wrongful death lawsuit, his name was later dropped from the complaint.

Chicago, Illinois Truck Accidents Involving Drowsy Truckers
Unfortunately, drowsy driving is a common hazard when working as a commercial truck driver. Long hours on the road, not enough rest in between shifts, driving alone and without much scenery, and undiagnosed sleep apnea are some reasons why a trucker operating a vehicle weighing tens of thousands of pounds might become drowsy and fall asleep at the wheel. When this happens, the consequences to the truck driver and others on the road can prove fatal.

Family wins $4 million lawsuit over I-39 pileup, Newstrib, February 26, 2010

Former Minnesota educators die in Illinois car crash, Kare11, 2007


Related Web Resources:
Interstate 39, Interstate Guide

The Drowsy Driver

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February 26, 2010

$4 Million Wrongful Verdict Awarded to Family of Man Killed in Truck Accident

A jury has awarded the family of James Brashear $4 million in their wrongful death case against a construction company and one of its subcontractors. The 42-year-old father died late at night on October 1, 2007 when his car was rear-ended by a semi-trailer going at 70 mph.

Brashear’s vehicle was at the end of a line of cars that were stopped in traffic on Interstate 75. His son Tyler sustained serious injuries during the truck crash. One other man and at least nine other people were injured.

Brashear’s family has resolved their wrongful death case with the trucking company that employed trucker Pablo Merlos. The trucker was eating while driving and was not wearing shoes when the semi-truck crash happened. Merlos was accused of not making much of an effort to stop the large truck for 10.5 seconds as it proceeded to hit other vehicles. His truck left 27 feet of skid marks at the crash site.

This $4 million wrongful death verdict was awarded against Zep Construction and Traffic Control Systems Inc. The jury is deciding how much in punitive damages the two defendants should pay for consciously ignoring drivers’ safety on the highway.

The Brashears had accused Zep of failing to proper the proper safety procedures before stopping traffic. They noted that electronic warning signs, which Traffic Control Systems was contracted to provide for the bridge repair project, were not in place that night.

Zep’s attorneys tried to blame the semi-truck crush on Merlos, but the jury only found him 5% liable.

Chicago, Illinois Truck Crashes
There may be more than one party that should be held liable for your Chicago, Illinois truck accident case. Depending on the circumstances surrounding your large truck crash, construction companies in charge of traffic zones, vehicle manufacturers, and government entities are just some of the possible liable parties.

Jury awards family $4 million for fatal accident, Herald Tribune, February 25, 2010

Efforts Lag to Improve Safety at Work Zones, The New York Times, December 21 2010


Related Web Resources:
Truck Accidents, Nolo

Road Construction, Getting Around Illinois

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January 5, 2010

Trucker Injured by Flatbed Truck Settles Truck Crash Lawsuit for $2.5 Million

A driver who sustained traumatic brain injuries during a work accident has settled his truck crash claim for $2.5 million. The truck accident lawsuit against the other truck driver’s employer was settled after mediation.

The truck driver plaintiff got hurt in September 2005 after his delivery truck broke down. He drove his vehicle off US Route 50 and parked it past the entrance of a business.

The truck driver was working in his vehicle and waiting for help when a flatbed truck drove off the business’s premise, striking the worker’s truck. The worker fell from his truck’s console and his head struck the windshield.

The work accident exacerbated the truck driver’s Chiari Malformations, a pre-existing neurological condition, and he started experiencing facial numbness, serious headaches, swallowing problems, vision problems, ringing in the ears, speech problems, and confusion. He developed post-traumatic lumbar disc disease and sustained herniated discs.

The trucker eventually had to undergo emergency surgery for his brain anomaly. The procedure proved unsuccessful and he had three more surgeries.

According to the plaintiff’s injury attorney, the defendant attempted to blame the truck driver for parking his truck close to the business entrance, neglecting to inform the defendant about the truck breakdown, and neglecting to set up a reflective triangle.

LawyersandSettlements.com says that the injured truck driver, whose initial workers’ compensation claim over his work injuries was denied, will now also receive workers’ compensation benefits.

Truck drivers can get injured on the job. Not only are they likely entitled to Illinois workers’ compensation benefits, but they may be able to obtain Chicago personal injury recovery from liable third parties.

Virginia trucker with brain defects settles crash suit for $2.5M, All Business, December 21, 2009

Truck Driver with Brain Injuries Earns Workers Comp, Lawyers and Settlements, January 4, 2010


Related Web Resources:
Chiari Malformations, National Institute of Neurological Disorders and Stroke

Workers' Compensation, Justia

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November 17, 2009

Widower Awarded $5.1 for Wife’s Wrongful Death from Fatal Truck Accident

A jury has awarded David Falkenstein $5.1 million for his wife’s wrongful death. 67-year-old Ingrid Falkenstein died instantly after the minivan she and her husband were riding in was struck by a tractor-trailer that was fully loaded on May 1, 2006. David sustained injuries, including a fractured pelvis.

While the defendants claimed the county was to blame because it neglected to replace rumble strips that were worn out and there was poor signage at the intersection, David’s lawyer argued that truck driver Christopher Angland ran a stop sign.

The jury found the trucker 60% liable for the tragic tractor-trailer crash. It found McMaster Sod LLC to be 40% liable.

The Falkensteins who were married 33 years had just retired when the deadly semi-truck crash happened.

A truck crash claim can be difficult to prove without the help of an experienced injury lawyer that knows how to successfully settle and win cases against large trucking companies. Obtaining financial recovery can help cover accident-related costs and provides some comfort to the victim and/or his/her family while holding the liable party or parties accountable.

In another truck accident lawsuit, a jury awarded a motorcyclist almost $ 2 million against a dump truck driver. Levon Babakhanian was fractured his pelvis, left hip, and left leg, while also sustaining multiple arm, hand, and facial injuries during a truck accident on an October 4, 2006. Trucker William Edgington was working for Cedar Point Construction.

The jury found Babakhanian 20% at fault for the crash and the defendants 80% at fault.

Jury awards $5.1M in fatal Flagler crash, News-Journal Online, November 17, 2009

Flagler widower wins $5.1 million verdict in deadly truck wreck, Jacksonville.com, November 13, 2009

Bonneville County Jury Awards Man Nearly $2 Million, LocalNews8, November 16, 2009


Related Web Resources:
Federal Motor Carrier Safety Administration

Truck Safety, AAA Exchange

Continue reading "Widower Awarded $5.1 for Wife’s Wrongful Death from Fatal Truck Accident" »

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October 24, 2009

Judge Approves $2.3 Million Illinois Truck Accident Over 16-Year-Old’s Wrongful Death

The parents of a 16-year-old boy who died when in February 2008 when his car was rear-ended by a truck have reached a $2.3 million Illinois truck accident settlement with the defendants. Patrick and Linda McMahon had sued truck driver Matthew Yon and Odesco Industrial Services for Michael McMahon's Illinois wrongful death. Their civil lawsuit had been scheduled to go to court this week.

According to the McMahon’s complaint, which they filed last year, truck driver Yon was following too closely and driving too fast. They also accused him of failing to keep a proper lookout.

Illinois Truck Crashes
Contacting a Chicago truck accident lawyer as soon as possible after a crash can give you some peace of mind as you find out about your legal options. Your Illinois truck collision law firm can send someone to the crash scene to gather and document evidence. They can also deal directly with the trucking company and its insurer so that you won’t feel pressed into settling before you know exactly how much you are owed.

If the person injured in the truck crash was a minor, a parent or guardian can file the Illinois injuries to minor lawsuit for the teenager or child. If the person died in the Chicago truck crash, immediate family members may be entitled to wrongful death recovery.

Trucker error is a common cause of truck crashes. Defective truck parts, defective roads, and negligence on the part of another motorist are also common causes of truck accidents.

An experienced truck collision attorney will know what to look for to prove liability. He or she can also determine how much it will cost for you to receive the medical care that your injuries warrant.

Crowder approves $2.3 million settlement in wrongful death suit, The Record, October 23, 2009


Related Web Resources:
US Department of Transportation

Nolo

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October 22, 2009

Jury Awards $49 Million Truck Accident Lawsuit for Traumatic Brain Injury

A jury has awarded a former college student $49 million for the traumatic brain injury he sustained during a 2007 truck crash involving two tractor-trailers. Drew Bianchi, then 21, was on his way to a camping trip when he was struck by one of the large trucks after the two other vehicles collided. Because of the injuries he sustained from the catastrophic truck accident, Bianchi now requires round-the-clock medical care.

The jury found Samuel Bimbela, the driver of the truck that struck Bianchi, 60% liable. It found the other truck driver, Michael Demma, and Gordon Trucking 35% liable. It also found the state of California 5% liable.

Bianchi was awarded $27.6 million for future medical costs, $3.4 million for past medical bills, $13.5 million for general damages, and $4.5 million for future lost wages.

The transportation department for the state settled with Bianchi for $10 million. Salazar Equipment, Salazar Construction, and Salazar Trucking settled for $2 million.

Traumatic Brain Injuries
Traumatic brain injuries can seriously impair a person’s ability to live a normal, independent life. A TBI patient may not be able to hold a job, sustain healthy relationships with a spouse or children, take part in normal, daily activities, or enjoy the daily, regular experiences that everyone else gets to take part in. Loved ones and friends also experience the loss of the person as he or she was prior to the injury accident.

TBI’s are one of the common kinds of catastrophic injuries a truck accident victim can sustain during a serious truck crash. In Illinois, an experienced Chicago truck crash lawyer can make sure that all negligent parties are held liable.

Calif. Jury Awards $49 Million in Personal Injury Case, The Recorder, September 24, 2009

California Truck Accident Lawsuit Results in $49M Verdict for Brain Injury, About Lawsuits, October 15, 2009

Related Web Resources:
NINDS Traumatic Brain Injury Information Page

Large Truck Crash Causation Study (LTCCS) Analysis Series: Using LTCCS Data for Statistical Analyses of Crash Risk, Federal Motor Carrier Safety Administration

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October 16, 2009

Couple Seriously Hurt in “Rock of Love Bus” Truck Accident Settle Their Illinois Injury Lawsuit for $16 Million

A couple that sustained serious injuries in an Illinois truck accident with a large truck in September 2008 has settled their personal injury lawsuit for $16 million. William and Colleen Wiley had sued VH-1, MTV, Music First, two entertainment companies, and an employee affiliated with the “Rock of Love Bus” reality series starring rocker Bret Michaels. According to the Madison Record, the couple’s Illinois injury lawyer says the settlement was reached with 51 Minds Entertainment.

The Wileys were on I-57 close to West Frankfurt when a truck hauling equipment for the reality program struck their vehicle. Truck driver Dennis Hernandez reportedly fell asleep at the wheel. After the Illinois truck crash, Hernandez, who did not have a valid driver’s license, tested positive for marijuana.

William suffered a lung contusion, a sternal fracture (and associated anterior mediastinal hematoma, head contusions, a displaced rib fracture, an intraarticular fracture to his left radial syloid, and an avulsion fracture to the left triquetrum. Colleen suffered cardiac arrest six types and had to be resuscitated and intubated. She also injured her back, shoulders, chest, neck, legs, pelvis, hands, and knees.

The couple experienced severe mental and physical pain from the Illinois truck crash and sustained permanent, disabling, and progressive injuries. In addition to incurring over a million dollars in medical expenses and losing wages from not being able to work, they have been deprived of each other's comfort, care, society, protection, services, support, and consortium.

They accused Hernandez of negligent operation and the four companies of breach of duty when they hired, trained, and retained the truck driver.

Our Chicago truck accident lawyers recently posted a blog about an Illinois wrongful death case involving same truck crash. Last month, the family of 19-year-old Kevetta Davis agreed on a $6.5 million wrongful death settlement in their truck accident lawsuit against 51 Minds Entertainment, VH-1 Music, Viacom, and Hernandez. Davis and her friend Yasmin Jackson died from their injuries.

Rock of Love Bus' suit settles for $16 million, Madison Record, October 15, 2009

Suit: MTV's 'Rock of Love Bus' driver asleep at the wheel, The Record, December 30, 2008

$6.5 million settlement in death of college student struck by truck from VH1 series, Chicago Tribune, October 2, 2009

Related Web Resources:
Rock of Love, VH-1

'Rock 3' puts on the brakes, NY Post, October 2, 2009

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September 9, 2009

Jury Awards Cook County Truck Accident Victim $24 Million

In Cook County, Illinois, a jury has awarded Andrzej Chraca $24 million for injuries he sustained during a Schaumburg truck accident. The verdict is the highest amount that the county has awarded to a paraplegic.

Chraca was catastrophically injured after his sport utility vehicle was involved in a Cook County auto crash with an Illinois Department of Transportation truck on April 14, 2004. The deadly Illinois truck collision occurred close to the South Frontage Road of the Elgin O’Hare Expressway.

Chraca, 38, became a paraplegic. He cannot walk without use of a cane, leg braces, or a walker. He has not been able to work since the catastrophic Schaumburg truck crash. The IDOT truck driver, Steve Miles, also sustained serious injuries during the Illinois motor vehicle crash.

Police could not figure out who was at fault in causing the collision. The two drivers filed Cook County personal injury lawsuits against each other. This week, a jury ruled in favor of Chraca.

Miles and the IDOT are accountable for the jury award.

While there are Cook County truck accident cases where the parties involved are able to agree on a settlement without having to go to court, some Illinois truck collision claims will have to become lawsuits that can only be resolved with the help of a jury in civil court.

This is why it is so important that the Chicago truck crash lawyer you retain has the experience to secure the best outcome possible for your case. In many catastrophic Cook County truck crashes, victims are left with life-altering injuries that may require a lifetime of medical care. For many people, they cannot afford these expenses without help.

County awards $24M to man hurt in Schaumburg crash, Chicago Sun-Times, September 9, 2009

Related Web Resources:
National Spinal Cord Injury Association

Illinois Department of Transportation

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September 4, 2009

$18 Million Truck Accident Award Issued to Man with Traumatic Brain Injury from Tractor-Trailer Pileup

A man who was left permanently disabled in a deadly truck accident that claimed the lives of three people and injured 14 others on July 15, 2008 has been awarded $18 million. The judge issued the award to 53-year-old Mark Tiburzi and his wife against Holmes Transport Inc. and trucker Jeffrey D. Knight.

According to prosecutors, the deadly truck accident happened while Knight was reaching for his cell phone. The 49-year-old truck driver is charged with involuntary manslaughter related to the tragic highway collision. He is also accused of violating truck driver regulations by driving his tractor-trailer beyond the maximum number of hours allowed during any 8-day period.

Tiburzi's car was T-boned by the large truck. His Toyota Camry remained stuck in the front of the truck, while the larger vehicle crashed into the other autos involved in the tractor-trailer crash.

Tiburzi, a former district sales manager for a shoe company, sustained a severe traumatic brain injury, and he can no longer talk or walk. He lives in a nursing home. The judge awarded him $13.8 million and Tiburzi's wife $4.2 million.

At least two other truck accident lawsuits have been filed against the trucking company and Knight over the deadly pileup. The catastrophic truck crash occurred on Highway 40 close to Interstate 270.

Previously, our Chicago truck accident law firm reported on how texting while driving a large truck increases a trucker's crash risk by 23 times. We also want to note that any activity that causes a truck driver to take his or her eyes off the road increases the chances of a large truck accident occurring.

It makes absolutely no sense to cause serious injury or death to another because a motorist had to make a phone call, check an email, send a text message to someone, post an update on Facebook, or send out a Twitter notice. Distracted driving can be grounds for a Chicago truck crash lawsuit if someone gets hurt or dies.

Judge awards $18 million to man hurt in St. Louis County pileup, and wife, SLT Today, August 25, 2009

Federal judge awards $18M to man who suffered brain injury in crash, All Business, August 20, 2009


Related Web Resources:

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August 27, 2009

Illinois Truck Crash Lawsuit Accuses Trucker, Everest Trucking Company, and Dynamic Transit Company of Causing Personal Injuries

Theresa and Victor Berthelsdorf are suing truck driver Arlando Anderson, Everest Trucking Company, and Dynamic Transit Company for personal injury. They are seeking over $100,000 in compensatory damages.

Their Illinois truck accident claim accuses Anderson of rear-ending the Berthelsdorfs' trailer on Interstate 70 on April 26, 2008. Victor and Theresa were riding in the vehicle when the collision happened. The two of them sustained injuries and property damage.

They are accusing the truck driver of either drowsy driving or driving while under the influence of alcohol or drugs, driving too fast, and failing to keep a proper lookout.

Truck collisions often result in serious and costly injuries for the victims. Unless you have an experienced Chicago truck accident law firm working for you, it can be a challenge to prove liability.

An experienced Chicago injury law firm will know what to do to secure the best outcome possible for your truck crash case.

Earlier this month, a jury awarded a woman who was injured in a 2006 truck crash more than $1 million for her injuries, which required that she undergo two surgeries.

Shannon Brown’s right leg was crushed after the vehicle that she and her baby were riding in was struck by a gas tanker that ran a red light. In addition to the surgeries, Brown’s right leg required 18 screws and a plate.

The sooner you contact an experienced Chicago truck accident law firm, the faster they can get someone to the crash site to begin gathering evidence and talking to witnesses while accounts of what happened are still fresh. There also will likely be documents from the trucking company and other entities that will have to be obtained to prove your case.

Trucker was sleepy or impaired, suit says, The Record, August 26, 2009

Baltimore City Truck Accident Lawsuit Results in $1M Verdict, About Lawsuits, August 19, 2009

Related Web Resource:
Commercial Vehicle Safety Alliance

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