April 9, 2011

Appeals Court Affirms $23.75M Will County Tractor-Trailer Accident Award Over Man’s 2004 Illinois Wrongful Death

The Third Appellate Court has decided to affirm the $23.75 million Will County, Illinois semi-truck crash verdict awarded over the 2004 multi-vehicle traffic accident on Interstate 55 when a 40-ton tractor-trailer loaded with potatoes that crashed into stopped traffic. The 10-auto collision involved a number of large trucks. The total verdict amount is for three separate causes of action that were consolidated into one civil trial.

The family of Thomas Sanders was awarded $8.5 million. The jury awarded Naperville resident Joseph G. Sperl's family was initially awarded $7.25 million, although the trial court later lowered that amount to $7 million. Aurora resident William Taluc, who was critically injured and broke 17 bones during the Will County tractor-trailer accident, was awarded $7.7 million.

DeAn Henry, the trucker blamed for causing the multi-vehicle pileup, was sentenced to two and a half years probation after she pled guilty to the charges that she falsified her logbook and didn’t slow down her truck to avoid causing an accident. She also had to give up her commercial truck driver’s license for two years. Henry, truck owner CH Robinson Worldwide, and her employer Todd L. Dragonfly were the defendants of this Will County, Illinois semi-truck collision case.

Our Chicago 18-wheeler truck crash lawyers covered this case last year on our blog site. It is so important that victims injured in an Illinois semi-truck collision and their families receive the Will County personal injury or wrongful death damages that they are owed. So much is lost when a loved one dies unexpected. Obtaining injury won’t bring your loved one back but it can provide some relief.

Appellate Court affirms $8.5 million trial verdict, MyWeb Times, April 8, 2011

$24 million award upheld in fatal ’04 crash, Sun-Times, April 5, 2011

Will County Jury Awards $24 Million Illinois Truck Accident Verdict to Families of Victims and Crash Survivor with Serious Injuries, Chicago Truck Accident Lawyer Blog, March 23, 2009


Related Web Resource:
Federal Motor Carrier Safety Administration


More Blog Posts:
Did a Weak Rear Guard Play a Role in Your Loved One’s Chicago Tractor-Trailer Crash Death?, Chicago Truck Accident Lawyer Blog, March 31, 2011

Illinois Truck Accident Lawsuit Filed in Pedestrian Death, Chicago Truck Accident Lawyer Blog, March 24, 2011

Illinois Wrongful Death Lawsuit and Personal Injury Lawsuits Filed in Semi-Tractor Trailer Accident, Chicago Injury Attorney Blog, January 29, 2009

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February 28, 2011

$5M Illinois Semi-Truck Settlement Reached Between Hospital Corporation and Attorney’s Estate

The estate of Richard J. “Dick” Berry has settled its Illinois truck crash case with OSF Saint Francis Inc. for $5 million. Berry was killed on December 2009 in a two-auto collision at routes 23 and 17 close to Streator.

The deadly Illinois semi-truck accident happened when truck driver David A. deFrance did not stop at a stop sign. The large truck he was driving then struck Berry’s car. OSF Saint Francis Inc. owns the semi-truck that deFrance was driving.

Although nothing can ever compensate you for the loss of a loved one, obtaining Illinois wrongful death recovery can assuage some of the costs and damages while allowing you to hold the negligent party liable. It doesn’t matter whether the liable party is held responsible in criminal court. Your civil case would be completely separate in terms of the legal process and its outcome.

Coping with the death of a loved one is never easy. In addition to the absence of that person in from life and all that is lost along with that—companionship, a life together, loss of a mother, father, son, or daughter—there also may be financial losses, such as those of income, benefits, retirement funds, etc., that your family member would have earned if his/her life had not been cut off so abruptly.

There are specific steps and strategies that can be employed when filing for recovery in a Chicago truck crash.

Lawyer's estate settles $5 million lawsuit, News Tribune, February 25, 2011


Related Web Resources:
OSF Saint Francis Inc.

The Truck Safety Coalition


More Chicago Truck Accident Lawyer Blogs:
Tractor-Trailer Accident Lawsuit Says FMCSA Violation by Trucker Contributed to Man’s Wrongful Death, Chicago Truck Accident Lawyer, December 3, 2010

$6.5 Million Illinois Tractor-Trailer Accident Settlement Goes to Family of Woman Killed on Halloween 2008, Chicago Truck Accident Lawyer Blog, November 16, 2010

Illinois Tow Truck Lawsuit Seeks Damages for Wrongful Death of Man and His Son, Chicago Truck Accident Lawyer Blog, October 15, 2010


Continue reading "$5M Illinois Semi-Truck Settlement Reached Between Hospital Corporation and Attorney’s Estate" »

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December 16, 2010

$3.5 Million Truck Accident Verdict Awarded in Case Against Illinois-Based Company

A jury has awarded James Fairley $3.5 million for his truck accident injuries that he sustained in 2008. Fairley, 56, has said that he sustained a traumatic brain injury, fractured two vertebrae, and suffered from depression as a result of the crash.

The truck accident happened on August 4, 2008 when his van was struck by a tractor-trailer owned by Schiber Truck Co., which is located in Illinois. The trucker, who was unable to stop to avoid rear-ending the van, swerved onto the shoulder of the road. Unfortunately, the truck’s trailer swung into the rear of the van, shoving it into traffic. The van was then struck by another semitrailer.

Fairley says he must now walk with a cane and that he is unable to bowl, dance, or read. He also suffers from memory problems and has a hard time focusing.

The semi-truck crash verdict awards Fairley $1.5 million for present and past damages and $1.5 million for future damages. His wife Kimberly Fairley was awarded $389,000 for present and past damages. Her award for future damages is $120,000.

In other truck collision news, a woman Injured in an Illinois truck crash is suing truck driver Allison Farr and Potenza Enterprizes Inc. for personal injury. Jodi Renee Sprehe says that she was struck by the Freightliner truck that Farr was operating on Interstate 55 on May 5.

Sprehe is seeking over $50,000 plus costs on both counts. She is accusing the trucker of failing to keep a proper look out or control the vehicle and of careless driving. Sprehe says that she sustained soft tissues injuries, became disabled, experienced pain and mental anguish, and lost income.

Jury awards couple $3.5 million for pain and suffering from crash; amount may be biggest auto verdict in state this year, Mlive.com, December 15, 2010

Woman injured in crash with Canadian truck, The Record, December 9, 2010


Related Web Resources:
Federal Motor Carrier Safety Administration

Fatality Analysis Reporting System

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November 16, 2010

$6.5 Million Illinois Tractor-Trailer Accident Settlement Goes to Family of Woman Killed on Halloween 2008

The family of East Dubuque resident Tabitha Carroll has been awarded a $6.5 million Illinois semi-truck accident settlement. Carroll, 32, died on Route 47 in Huntley, Illinois on October 31, 2008.

Carroll, her husband Randolph, and son Gabriel, 3, were headed to Goebbert’s Pumpkin Patch that Halloween day when a tractor-trailer rear-ended the pickup truck they were riding. According to a judge, trucker Jeffrey Repec, a Spring Grove man, was speeding at the time. The impact of the truck crash pushed the Carroll family’s car into a stopped IDOT truck.

While Carroll died at the Illinois tractor-trailer crash site, Randolph sustained a number of personal injuries, including facial fractures, spinal injuries, and respiratory failure. Gabriel sustained lacerations, two broken legs, and head injuries.

According to the family’s truck collision lawsuit, not only was Repec driving a motor vehicle while under the influence of drugs, as well as speeding, but also he did not keep a proper lookout. Police had determined that Rebec was high on marijuana when the Illinois tractor-trailer crash happened. The trucker eventually pleaded guilty to aggravated driving under the influence. He is serving 45 months at a correctional facility.

Meantime, the tractor-trailer’s owner, Geils Farms, is accused of violating the law by failing to conduct random drug tests on truckers, neglecting to perform employee background checks and not getting a copy of each truck driver’s driving record. Also, not only was the truck that struck the Carrolls’ vehicle overloaded, but five of its breaks were out of adjustment, the rear left turn signal could not be operated, and a number of the vehicle’s brake pads had grease or oil contaminating them, which prevented safe braking and stopping.

The Illinois truck accident settlement includes $4.7 million for Carroll’s wrongful death, $300,000 for Gabriel’s personal injuries, and $1.5 million for Randolph’s injuries to a minor.

Huntley crash victims are awarded $6.5 million, The Courier-News, October 31, 2010

Halloween Car Crash Results in $6.5 million settlement in wrongful death lawsuit, Lawyers and Settlements, November 4, 2010


Related Web Resources:
Trucking Accidents Overview, Justia

Michigan Center for Truck Safety

Federal Motor Carrier Safety Administration

Chicago Injury Attorney Blog

Continue reading "$6.5 Million Illinois Tractor-Trailer Accident Settlement Goes to Family of Woman Killed on Halloween 2008" »

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October 8, 2010

$62.7M Tractor-Trailer Accident Settlement Reached in Turnpike Crash that Killed 10 People

A $62.7 semi-truck crash settlement has been reached between Associated Wholesale Grocers Inc. and the family members of 8 of the 10 people that were killed when a tractor-trailer crashed into a line of stopped cars on the Will Rogers Turnpike last year.The settlement comes just days after the National Transportation Safety Board issued a report stating that truck driver fatigue was what caused trucker Donald L. Creed, 76, to crash his 40,000-pound big rig into traffic, resulting in a catastrophic chain reaction. The NTSB’s report also noted that the truck collision could have been avoided if the trucking industry and the government had put into place certain safety recommendations.

The vehicles were stopped on the turnpike because of an earlier traffic crash when the semi-trailer collision happened. Truck crash victims included Ricardo and Ernestina Reyes (their daughter Andrea, then 13, survived the truck crash), Oral and Earlene Hooks, two of their sons Dione and Antonio, Shellby and Randall Hayes, their son Ethan, Cynthia Olson, who was Shelby Hayes’ mom.

Creed, the drivers and owners of two other autos involved in the first motor vehicle collision, and a number of insurance companies were also wrongful death defendants in this case. In August, Creed pleaded guilty to 10 counts of negligent homicide. He was sentenced to 30 days in jail and subject to electronic monitoring for a year. He is barred from having a commercial driver’s license.

Creed suffers from sleep apnea.

Truck Driver Fatigue
Truck driver fatigue causes about 5,000 fatalities each year. Many truckers can’t help but suffer from exhaustion because of lack of sleep, long hours on the road, and having to work early in the morning and late into the night. There are also truckers that are suffering from sleep apnea or other sleeping disorders, which increases the likelihood that they may fall asleep while at the wheel.

A truck driver who is tired, drowsy, or asleep is a very dangerous driver. Many large trucks weigh and carry thousands of pounds. It is usually the pedestrians and occupants of other vehicles involved in a large truck crash that suffer.

IllinoisTruck Accidents
Chicago truck crashes happen for many reasons, including driver fatigue, distracted driving, drunk driving, driver recklessness, failure to obey traffic signs, truck overload, and aggressive driving. Truck accidents can lead to catastrophic injuries for victims. Trucking companies are experienced in combatting injury claims, which is why it is important that you get the legal help that you need.


Lawsuit Over Deadly Turnpike Collision Settled for $62 Million, News9, October 7, 2010

$62.7 million settlement reached in tractor-trailer accident that killed 10 on Oklahoma turnpike, DallasNews, October 7, 2010

The price of trucker fatigue, Illinois Times, September 12, 2007
Related Web Resources:
NTSB

TECH BRIEF: Sleep Apnea Crash Risk Study, FMCSA

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September 7, 2010

$1.5 Million Illinois Semi-Truck Accident Settlement Reached Over Tow Truck Driver’s Wrongful Death

The family of William B. Waite has reached a $1.5 million Illinois truck accident settlement with Double D Express and Spring Valley trucker Mark D. Boehm. Waite, a 49-year-old tow truck driver, died on June 23, 2008 after he was struck by the semi that Boehm was driving.

At the time, Waite and another man, Christian Henninger, were helping a tractor-trailer that had broken down on Interstate 80 close to Utica. That is when Boehm’s large truck hit them from behind. The truck driver told police that he was changing radio stations when the catastrophic Illinois truck collision occurred.

The family’s Chicago truck accident lawyer says that they chose to settle because they didn’t want to bankrupt Double D Express and add to unemployment in the area. He claims that the company failed to buy adequate liability insurance—a statement that the defendant disputes.

Earlier this year, Double D Express settled its Illinois semi-truck crash lawsuit with Henninger for $3 million. Henninger broke his vertebrae and sustained spleen and liver lacerations during the accident.

Distracted Driving
Seemingly harmless activities such as selecting a new playlist on the iPod that’s hooked up to the vehicle, conducting a MapQuest search on a PDA to get the right directions, calling a friend to let them know you are running late, or putting on makeup while the traffic light is red can turn into dangerous actions when they contribute to causing a catastrophic Chicago, Illinois tractor-trailer accident. You may even have grounds for a Chicago wrongful death or personal injury lawsuit.

Tow truck driver's family settles for $1.5 million, NewsTribune, August 11, 2010

Man Settles Illinois Tractor-Trailer Accident Lawsuit for $3 Million, Chicago Truck Accident Lawyer, June 18, 2010

Related Web Resources:
Fars Encyclopedia

Distracted Driving

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August 19, 2010

$65 Million Tractor-Trailer Accident Verdict Upheld

An appeals court has upheld the $65 million semi-truck accident verdict that a jury had awarded to Kendra Lymon last year. Lymon, who was 19 when she was injured in a tractor-trailer crash in 2007, has serious injuries and can no longer take care of herself.

Trucker Robert Bohn, driving part-time for Bynum Transport, was operating the large truck that struck Lymon’s Dodge Neon. According to her semi-trailer accident lawyers, she was the one with the green light at the time.

Prior to the tragic truck collision, Lymon worked at Florida Institute of Neurologic Rehabilitation and could speak six languages. She was also majoring in psychology at a local community college. After the traffic crash, she was hospitalized and in a coma for months.

Now, according to her mother, Lymon must be constantly supervised and cannot bathe, eat, dress, go to the bathroom, or tend to other simple tasks alone. She also needs a wheelchair and has difficulty walking.

The defendants had tried to get the tractor-trailer award reduced, arguing that it was excessive. They were specifically challenging the $41,443,401 awarded to Lymon for her pain and suffering, disfigurement, disability, physical impairment, a mental anguish, aggravation of disease or physical defect, and loss of capacity for the enjoyment of life.

Catastrophic Injuries
Living with traumatic brain injuries, spinal cord injuries, and other catastrophic injuries can be very expensive. While obtaining Chicago truck accident recovery won’t make your loved one’s injuries go away, it can help cover the costs for necessary specialized care. Many catastrophic injury patients need round-the-clock nursing care, specialized therapies, medical equipment, and other medical services.

Appeals Court Upholds $65 Million Verdict for Woman in 2007 Crash, The Ledger, August 18, 2010

Woman deserves $65M for crash injuries, jury says, NewsChief.com, March 20, 2010

Related Web Resources:
Federal Motor Carrier Safety Administration

Truck Safety Coalition

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July 21, 2010

Jury Awards $2.7 Million Truck Accident Verdict to Woman Whose Car Struck Dead Horse

Nearly nine years after suffering “full-body whiplash” when the car she was riding struck a dead horse on the road, Nanette Aurdal has been awarded a $2.7 million truck accident verdict by a civil jury. Aurdal, 44, continues to experience constant pain from her injuries, which she sustained in December 2001. Her family-owned gas station had to be shut down because she could no longer work the amount of hours required to run the business.

Telephone company employee John Burston accidentally killed the horse when he struck it with the truck he was driving. However, rather than use the safety equipment (reflective triangles, traffic cones, and flares) that were in the vehicle to warn other motorists about the horse, Burston left the truck accident site.

Although there were two defendants in this personal injury trial, United Telephone Co. of the Northwest, which is a Sprint company, and the person who was supposed to be taking care of the horse before it ran off and got run over, the jury decided to hold only the phone company liable.


Whiplash
Whiplash can be extremely painful and debilitating and is one of the more common kinds of motor vehicle crash injuries. Signs of whiplash include pain, swelling, muscle spasms, difficulty moving, and pain radiating from the affected area to other parts of the body. Although whiplash is normally associated with the neck, other parts of the body may be affected.

It is important that you receive prompt and proper medical care for your whiplash. Some whiplash injuries are more serious than others and can affect the victim’s ability to live and enjoy a normal life or maintain a career or business.

Woman whose car hit dead horse gets $2.7 million from driver who killed it, SeattleTimes, July 7, 2010

Related Web Resources:
Whiplash, eMedicineHealth

United Telephone Co. of the Northwest, Federal Communications Commission

Continue reading "Jury Awards $2.7 Million Truck Accident Verdict to Woman Whose Car Struck Dead Horse" »

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July 9, 2010

$5 Million Truck Accident Settlement Reached in Wrongful Death Lawsuit Against PG & E

A $5 million wrongful death settlement has been reached between the mother of a woman who died in a 2006 truck crash and PG & E. Lisa Bernstein says she wanted to hold the utility company responsible for the truck accident death of her daughter Mary Bernstein, 20. Also killed in the fatal collision was Mary’s boyfriend Robert Conway.

The driver of the PG & E utility truck that collided with the vehicle that Bernstein and Conway were in was John Mayfield, who is diabetic. Mayfield did not test his blood sugar and blacked out while in the driver’s seat. He has pleaded guilty to vehicular manslaughter for his role in the truck collision. Prosecutors said the truck crash could have been avoided if only Mayfield had tested his blood sugar level before driving the PG & E truck. The truck driver says the insulin injector was faulty.

Although the state’s privacy act prevents an employer from looking at a worker’s health records, Lisa claimed that the utility company should have known that Mayfield was hospitalized on two occasions because he didn’t properly manage his diabetes and that off the job, he had been involved in two other car accidents.

Per the terms of the wrongful death agreement, PG & E is agreeing that the resolution should be recorded as a judgment, rather than a confidential settlement. This will allow any future victims to look up the case when negotiating their personal injury settlements.

It was just last week that Verizon Communications was ordered to pay the family of another truck accident victim $7 million because employee Mark William Selander, who is also a diabetic, suffered a hypoglycemic attack while driving on the morning of September 2, 2009. Jose Raul Reyes Vega died from injuries he sustained during the truck crash.

Chicago, Illinois Truck Accidents
Even if your Chicago truck crash occurred because the truck driver suffered a medical emergency, you may still have grounds for a Chicago truck accident lawsuit. Diabetic attacks, heart attacks, seizures, fainting spells, and sleep apnea have been known to be the cause of tragic truck collisions.

PG&E to pay bereaved mother $5 million in wrongful death lawsuit, MercuryNews, July 6, 2010

Verizon to pay $7M in wrong-way driving suit, The Daily Sound, July 2, 2010


Related Web Resources:

Driving Q&A for People with Diabetes, DLife

Truck Accidents


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June 25, 2010

Family of Prison Inmate Fatally Struck in Dump Truck Accident Awarded $2 Million Wrongful Death Verdict

A jury has awarded the family of Rodney Jennings $2.025 million for his truck accident death in 2007. The 28-year-old, who was a prison inmate at the time, was struck by the truck while he was in a work detail picking up trash. The defendants in the wrongful death lawsuit are private dump truck driver Wayne H. Goss Sr. and the state’s department of public safety and correctional services.

The dump truck accident happened on August 23, 2007. According to the other inmate crewmembers, Jennings and at least two other inmates were trying to cross the freeway ramp when a tractor-trailer and a dump truck approached and tried to go through the exit at the same time. While the tractor-trailer was able to get through, the dump truck went off the ramp and struck Jennings.

The dump truck driver, Wayne H. Goss Sr., said he “leaned on" his horn when he saw the three inmates. While two of them stayed in the grassy area next to the ramp, Goss says that Jennings ran across the ramp and directly in front of the dump truck. Jennings’ legs were crushed and he was knocked unconscious. A fellow inmate was able to revive him but he was later pronounced dead at a medical trauma center. He reportedly experienced severe pain prior to his passing.

Under state law, many civil jury awards have a $680,000 non-economic damages cap. However, the family’s truck accident lawyer says that his clients are likely to receive close to $1.4 million of the $2.025 million verdict because the jury found both the trucker and the state liable. Jenning, who was serving two years in prison for a drug distribution conviction, was scheduled to get out of jail in 2009.

Jury awards $2 million in highway death of Md. inmate, Baltimore Sun, June 24, 2010

Inmate on Work Crew Killed on I-495 in Pr. George's, Washington Post, August 24, 2007


Related Web Resources:
FARS Encyclopedia, NHTSA

Large Trucks, IIHS

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June 18, 2010

Man Settles Illinois Tractor-Trailer Accident Lawsuit for $3 Million

Christian Henninger has settled his Illinois truck accident lawsuit for $3 million. Henninger says that he sustained serious injuries, including broken vertebrae and liver and spleen lacerations, on June 23, 2008 when he was hit by a semi-truck driven by Mark D. Boehm on Interstate 80 close to Utica.

Killed in the Illinois tractor-trailer crash was William B. Waite Jr., a tow truck company owner who, along with Henninger, was assisting a disabled tractor-trailer. Henninger worked for Waite at the time. His family has sued Boehm and Double D Express for his wrongful death. That Illinois semi-truck accident lawsuit is still pending.

Police say that Boehm has told them that he was switching radio channels when the Illinois truck accident happened. He has been found guilty of failure to yield to an emergency vehicle and improper lane change.

Distracted Driving
Fiddling with the car radio, scrolling through an iPod in search of the right song, surfing the Internet on a PDA, watching movies on a laptop, reading a newspaper, text messaging, and talking on a cell phones are activities that should not be done while someone is operating any vehicle—but especially a large truck. Distracted driving takes the motorist’s eyes and concentration off the road. In many cases, at least one of the driver’s hands ends up off the steering wheel, which can make it challenging for the driver to maintain/regain control of his/her vehicle during a Chicago truck accident.

Man succeeds in $3 million suit against Double D, truck driver, News Tribune, June 16, 2010

Settlement in fatal crash suit, My Web Times, June 15, 2010

Tow driver killed on I-80 roadside, PJStar, June 24, 2008



Related Web Resources:

Fatality Analysis Reporting System

National Highway Traffic Safety Administration

Distracted Driving, NSC

Continue reading "Man Settles Illinois Tractor-Trailer Accident Lawsuit for $3 Million" »

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June 4, 2010

Jury Awards $1.5 Million to Semi-Tractor Trailer Rig Accident Victim for Injuries that Ended His Career as a Carpenter

Nearly six years after he suffered a concussion, injured his back, and fractured his left rib, a jury has awarded Michial Jacobs $1.5 million for his big rig truck crash injuries. The verdict was issued after an 11-day trial and is believed to be the largest known verdict for a single person injury in the county.

On October 4, 2004, Jacobs, 63, was driving his trailer on I-505 when he was rear-ended by a semi-tractor trailer rig carrying 40 pounds of sugar and going at a speed of about 55 mph. The truck accident happened because truck driver Thomas Lloyd fell as asleep while driving.

Jacobs, who has not been able to return to work as a carpenter since the semi-truck accident, sued Lloyd and Ernie Newland and Pacific Transportation Services for truck driver negligence. He accused Lloyd of failing to exercise due care when operating the large truck.


Drowsy Truck Driving
A drowsy truck driver is a dangerous driver because his/her reflexes are slowed and paying attention to road conditions becomes very hard when someone is very sleepy. Drowsy truck drivers are like drunk drivers in that their driving becomes impaired. A trucker that falls asleep behind the wheel of a large truck is even more dangerous because he/she is for all intents and purposes driving while unconscious. Drowsy driving is negligent driving and can be grounds for a Chicago truck accident lawsuit.

In addition to commercial truck drivers who drive long hours for long distances and may have an undiagnosed sleep disorder, other persons at high risk of drowsy driving are:

• People that work night hours or the graveyard shift
• Narcoleptics
• Persons suffering from obstructive sleep apnea
• Medical house staff who work odd hours
• A person taking strong medication
• A person who is so drunk to the point of nearly passing out
• Young drivers
• Motorists who are not used to driving late at night or very early in the morning.
• Someone who is sleep deprived

Yolo jury awards man $1.5M for '04 accident, Daily Democrat, June 4, 2010

The Drowsy Driver, DCMSOnline.org


Related Web Resources:
Large Truck Accidents, NHTSA (PDF)

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March 17, 2010

Cook County, Illinois Truck Accident Victim Awarded $10 million

A 52-year-old Tinley Park man was awarded $10 million for his Cook County semi-truck accident injuries. Bruce McIntosh sustained herniated discs in his neck and back when a large truck struck his auto in September 2008.

The catastrophic Cook County tractor-trailer accident happened when the driver of the large truck did not stop at a stop sign, broadsiding McIntosh’s vehicle. The plaintiffs of the Cook County, Illinois truck accident complaint are the trucker and Rehmat Trucking Inc.

Herniated Discs
A herniated disc usually involves a fragment of the disc nucleus that has slipped into the spinal canal through a rupture or tear. They can happen in any area of the spine. Symptoms depend on where the disc is located and the size of herniation. While most herniated discs don’t require surgery, there are people whose symptoms are so severe that they may experience severe pain and even become incapacitated unless treatment is administered. Spinal surgery, which may involve a laminectomy, discectomy, laminotomy, or spinal fusion, may even be warranted if the patient experiences:

• Pain that impairs normal activity
• Neurological problems, such as numbness or weakness
• Loss of normal bladder or bowel functions
• Problems walking or standing

Following the procedure, rehabilitation, physical therapy, pain medications, and more time off work might be required to recover.

Chicago, Illinois truck crashes can cause victims to sustain traumatic brain injuries, back injuries, spinal cord injuries, neck injuries, head injuries, back injuries, and other serious injuries. In many cases, truck crash victims cannot afford to cover the costs of medical expenses and rehabilitation without help. This is one reason to hold negligent trucking companies and any other parties that are responsible for your Chicago personal injuries liable.

Tinley Park man awarded $10 million after crash, Chicago Sun-Times, March 12, 2010

Herniated Disc, Neurosurgery Today

Related Web Resources:
Herniated Disc, Mayo Clinic

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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

Continue reading "Jury Awards Cook County Truck Accident Victim $24 Million" »

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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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