Chicago Injury Lawyer Blog

Four people were killed on Monday, in a fatal car accident on I-80 in Hazel Crest. The accident was the second wrong-way accident this year that involved a drunk driver. As a Chicago personal injury lawyer and DUI crash victim, many of my readers know that I am passionate in all matters regarding drunk drivers. I am passionate about keeping drunk drivers off our roads and passionate about helping drunk driving victims. I became a lawyer after suffering my own personal injuries as a result of a drunk driving crash. I have dedicated my career to assisting victims of drunk drivers receive compensation for their injuries or loss.

The tragic drunk driving car crash occurred on Interstate 80 after 2:00 on Monday morning. According to reports from the Illinois State Police, the driver of a 1996 Infiniti was driving the wrong-way on the highway's westbound lanes. The car struck a 1999 Ford killing the driver instantly. The head-on collision ignited both vehicles. Several of the victims were burned beyond recognition. Three of the four passengers in the Infiniti were killed in the fatal accident. A third passenger in the Infiniti was treated at a local hospital. According to police reports, test results showed that the driver of the Infiniti was under the influence of alcohol when the fatal crash occurred.

One of the most serious types of car accidents is a head-on collision. Injuries resulting from a head-on collision can be catastrophic or can result in death. Under normal conditions, a head-on collision is unavoidable. They happen in a split second, and usually there is no way to avoid it. The causes of a head-on collision can be varied. A driver could cross over several lanes of traffic. The driver could be distracted, texting or talking on their phone, falling asleep, or driving while intoxicated or under the influence of drugs.

Cars that are involved in a head-on collision are generally hit at a higher rate of speed. The sudden and severe impact can cause your body to lunge forward and back quickly. This can lead to catastrophic injuries to the head, neck, shoulder and torso. Today's cars are equipped with front and side impact air bags. When a head-on collision occurs, the airbags will automatically deploy, preventing some types of injuries or prevent death. It is not guaranteed that this will occur. Sometimes the opposite happens and people are injured from the impact of the airbag. Head-on car accidents can cause many types of injuries, including traumatic brain injury, spinal cord injuries, fractures and burns.

For over two decades, I have been involved in the fight against drunk driving. Whether it was speaking for MADD, educating their victim advocates or helping with community service programs. I served on the Board of Directors for the Alliance Against Intoxicated Motorists (AAIM) for over three 3 years. I have educated hundreds of future drivers on the consequences of drinking and driving. Let us all remember, that crashes involving a DUI should not be labeled as a car accident.

This fatal wrong way drunk driving car crash could have been avoided, if the driver chose not to drink and drive.

As the Holidays approach, I read more and more news articles regarding drunk driving accidents. Over the year, I have reported on numerous drunk and drugged driving accidents. To me it remains a mystery, why someone would choose to drink and drive? As a victim of a drunk driver over 25 years ago, I understand the challenges faced by the victims. I have spent the last two decades supporting groups that educate the public about the dangers of drinking and driving. Save a life this holiday season, don't drink and drive. Choose a designated driver or take public transportation. The life you save may be your own!

Our Chicago wrongful death attorneys reported on the driver of a tour bus charged with a DUI after striking and killing a woman in the Streeterville neighborhood. The driver of the tour bus, David Soto, 47, tested positive for drug use (cocaine) after he struck Justyna Palka as she was crossing the street on Columbus at Illinois. She was walking in a designated crosswalk. The driver worked for the Pontarelli Group Charter Company. He was employed by them for six months. Several witness reported that the traffic lights on Illinois were green at the time of the fatal bus crash. That would mean that pedestrians had the right-of-way to cross Columbus. The tour bus driver told police that he did not see the victim as she crossed the street.

Chicago bus and truck accidents continue to take lives and cause serious personal injuries to Chicago area residents. It is hard to call these crashes accidents when there is one party that clearly acted in a negligent manner that lead to the crash. According to Illinois wrongful death attorney David Nemeroff, deaths and injuries caused by drugged and drunk drivers are not accidents, but are the result of an individual's willful conduct. In this case, the label of "accident" obscures the causative factor of drug abuse. Many times driving under the influence fails to get recognized as a violent crime.

The Chicago personal injury lawyers at Nemerofff Law offices worked on a drunk driving truck accident crash earning a $6.5 million Illinois truck accident settlement for our client, a 31 year old woman. The victim was traveling in her car on a stretch of North Ave. in Lombard, IL. The victim was involved in a head-on or frontal impact crash with a drunk driver. After the crash with the drunk driver, she was then rear-ended or hit from behind by a commercial semi-truck. One can only image the destruction to her car, and the massive injuries suffered by the victim.

The victim sustained injuries such as multiple fractures of her arms and legs, and pelvis. The injuries required several surgical procedures. The victim spent many months in the hospital recovering from her injuries. To this day, she has difficulty walking and has multiple scarring over 95%t of her body. Both the commercial semi-truck driver and the drunk driver were found responsible for the accident and her injuries by a Cook County, IL jury. The victim was awarded $6,521,000 by the jury. A Dram Shop settlement was reached with the establishment where the drunk driver was served alcohol for an additional $60,000.

Source: Tour Bus driver charged with DUI and sex crimes, Chicago Tribune, May 5, 2011
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Illinois is is recognized by MADD as a national leader in its fight against drunk drivers.
As we approach the Holiday season, many of us will be attending Holiday Parties. Enjoying good food, conversation and a cocktail or two with family and friends . This is a normal celebration for many. Unfortunately, some individuals choose to drink and drive. Making this decision can change the lives of many forever.

If you have followed my past blog posting, then you are aware that I was a victim of a drunk driver over 25 years ago. I have spent over two decades supporting boards and organizations that strive to make tougher drunk driving laws. The main goal at hand of all these groups, are to make our roads a safe place for all.

As a Chicago injury lawyer and a victim of a drunk driver, I know that the roads can be a dangerous place for even the most cautious driver. One negligent or impaired driver can change an individual's life forever. In a blink of an eye, this happened to me, and it can happen to you. While reading the on line news last week, I came across a headline that made me smile. The headline summarized that according to Mothers Against Drunk Driving the state of Illinois has been recognized as a leader in the country for its actions taken against drunk drivers.

Many ask the question, what exactly is "Driving under the Influence? According to the law, it is when one is operating or driving a motor vehicle while impaired by alcohol or other intoxicating substances. According to Illinois law, a driver is considered legally under the influence if their a blood-alcohol concentration level (BAC) is .08 or greater. They can also be considered legally impaired if they have abused or taken any illegal substance or medication.

For over a decade, Jesse White the Illinois Secretary of State has worked to make our roads safe. Now one of the most influential drunk driving organizations has recognized his efforts on behalf of Illinois. As the Secretary of State he has implemented many programs and initiatives that have helped to decrease the number of alcohol related crashes. Let's take a look at one of the many programs, the BAIID initative. Many have no idea what this acronym stands for. This BAIID initiative or Breath Alcohol Ignition Interlock Device requires the installation of a Breath Alcohol Ignition Interlock Device (BAIID) in the cars of first-time DUI offenders. The device prevents the offender from starting a motor vehicle if they are intoxicated or impaired. If the DUI offender installs a Breath Alcohol Ignition Interlock Device (BAIID) on their vehicle they can regain some basic driving privileges.

The program began in 2009, as a result the state has decrease in alcohol crash related deaths. The Illinois Department of Transportation reports that alcohol-related crash deaths have dropped by more than thirty percent since the BAIID implemenation. The statistics show that the alcohol related crashes have declined from 711 alcohol-related crash deaths in 1999, to 436 alcohol related crash deaths last year.

Thank you goes to all those involved in changing the laws to keep intoxicated motorists off the road. In the State of Illinois DUI is recognized as a violent crime. Victims of DUI are recognized as victims of violent crimes.

This blog is dedicated to all the drunk driving victims and families of drunk driving victims.

Source:
Illinois gets highest rating from MADD
Associated Press
8:47 a.m. CST, November 20, 2011

A senseless DUI tragedy took place on Lake Shore Drive this weekend. A fatal car crash took the life of a a man visiting the Chicago area from Washington. The man was hit while walking on Lake Shore Drive. The driver of the car was charged with aggravated DUI after hitting the pedestrian in the roadway. It is reported that the drunk driver had allegedly been drinking at a South Side bar earlier that evening. The driver was arrested at the scene.

As both a Chicago accident and injury attorney and a DUI victim, I have a unique perspective on the suffering experienced by drunken driving victims. I became an attorney while I was recovering from my own serious injuries. Over 20 years ago, I was hit head-on by a drunk driver. My life changed in an instant. I have firsthand knowledge of what clients are experiencing when they are seriously injured. I am dedicated to assist drunk driving victims recover adequately for their serious injuries or loss.

As a Chicago personal injury attorney, I have extensive experience with the Illinois Dram Shop Act and have field many lawsuits under it. The facts from the accident above may allow the victim's family to file an Illinois Dram shop lawsuit. Let's take a closer look at the Dram Shop Act. Under many instances, when a crash occurs with a drunk driver, a claim can be filed against the facility that served the alcohol to the drunk driver. This act provides additional insurance coverage to the victim or the family of the victim to help them maximize their recover for injuries or death. According to the Illinois Dram Shop Act the statute of limitations one year. This requires that swift investigation to determine the location(s) where the drunk driver was served alcohol to lead to the intoxication. The Dram Shop Act is very complicated and requires an attorney with extensive knowledge about it.

Nemeroff Law offices represented a family that was hit by a drunk driver, resulting in the death of three of the family members. The 19 yr. old drunk driver, was convicted of DUI and is serving a prison sentence. The driver had a minimal insurance policy of $20,000. We were able to maximize the recovery by suing the server of alcohol under the Illinois Dram Shop Act. Under this act, we needed to establish that each of the three victims who died did not die instantly. The personal injury attorneys at Nemeroff Law Offices used accident reconstruction reports and expert testimony that showed each person that died lived for seconds after the accident. By establishing that the victims lived for seconds after the crash, we were able to obtain the maximum dollar amount for our clients. That is $115,000 capped damages for each family member that was killed .

If you or a loved one member has been the victim of a drunk driver, it is imperative that you obtain an attorney that has extensive knowledge of the DUI laws in your state. At Nemeroff Law Offices we have handled a variety of accidents involving injuries that resulted from drunk driving accidents.

Again, another tragedy occurred in Chicago this weekend. One man is dead and several others are injured over the weekend in a fatal car crash on I-57. Did alcohol play a role in this deadly crash? As an Illinois personal injury attorney and a DUI victim, I reminded every day that despite all the drink and driving education many motorists continue to drink and drive.

I was a victim of one of those drunk drivers who made a choice to drink and drive. This drunk driving accident changed the course of my life. While I was recuperating from the injuries that I sustained following the drunk driving crash, I made a decision to become a lawyer. Not just any kind of lawyer, one that will fight for the rights of accident victims. I have devoted my career to representing victims or families who were harmed by drunk drivers.

While reading the newspaper, I came across another tragic artic regarding a drunk driver. Reports of this accident indicate that the car driven by the drunk driver was traveling at a high rate of speed and hit an S-curve. The impact from the curve caused the car to roll over and then collide with a light pole. The victim was a 24 yr. South Holland man. He was only 24 yrs old, and drinking and driving took his life? How can one make that decision to drive an automobile while seriously impaired by the effects of alcohol? The victim died from injuries that he suffered in the car crash. Police detected a strong smell alcohol on the breath of the driver.

As a DUI victim, I feel that fatalities and injuries that caused by the actions of drunk driving are not accidents, and should be labeled as an automobile crash. They are the negligent outcome of the willful conduct of another party. Considering these crashes as "accident" negates the factor of alcohol abuse. What we must recognize is that driving under the influence of alcohol is a crime.

As a drunk driving victim and a Chicago brain injury and accident lawyer, I understand that a DUI victim can file a claim against the establishment that dispensed the alcohol to the drunk driver. This is called a Dram Shop law suit. Many victims of drunk drivers do not realize that they can file a Dram Shop claim and let the statute of limitations expire. The statute of limitations for a Dram Shop case in Illinois is one year. This requires that lawsuits involving drunk drives be filed promptly. When filing a Dram Shop lawsuit it is critical to determine the location(s) where the drunk driver became intoxicated is vital. Navigating the Dram Shop Act can be very intricate. Any victim of a DUI should hire a lawyer that has handled multiple DUI crash cases and Dram Shop lawsuits.

This blog is dedicated to all the victims and families of victims of drunk drivers. Continue to spread the message, do not drink and drive.

Just this morning I was surfing the web and came upon the article below. As a Chicago Personal Injury lawyer and a drunk driving victim, I am continually shocked the number of individuals that continue to make the fatal mistake of drinking and driving.

A pedestrian was struck by a drunk driver and killed in Missoula. It was reported that the drunk driver was sentenced to 30 years in prison with 15 years suspended sentence. The victim and his two friends were on a cross country trip to Yellowstone National Park. They stopped for some sightseeing in Missoula. The victims were walking on the sidewalk when the drunk driver lost control and swerved onto the sidewalk. According to records the drunk driver's blood-alcohol level was 0.10 percent. The driver also admitted to taking prescription drugs prior to the accident.

As a Chicago drunk drivers victims attorney and a victim of a drunk driver, I understand the struggle that victims of drunk drivers face. I have a strong belief that deaths and injuries caused by drugged and drunk driving should not be called accidents. They are the result of an individual's negligent willful conduct. Calling them them an "accident" diminishes the main cause of alcohol and drug abuse. By calling it an accident, we are saying that it was not intententinal. When one drinks and drives, they have made a decision to do so. Handling a case against a drunk or drugged driver is usually a difficult one. In most circumstance the drunk driver has limited insurance coverage. Unless the victim, has adequate uninsured or underinsured motorist coverage recovering damages can be difficult.

I have years of experience handling cases involving the Illinois Dram Shop Act. When a crash occurs with a drunk driver, it is imperative to determine where the driver consumed the alcohol. If it was a place of business the entity that served the alcohol can be held liable. In simple terms, a claim can be made against the establishment that served the alcohol to the driver. A claim can also be made against the drunk driver. One should be aware that the statute of limitations for a Dram Shop case, in the state of Illinois is one year. It is imperative that prompt investigation takes place to determine the location(s) where the drunk driver was served alcohol and became intoxicated. The Dram Shop Act has many complexities and one should retain an attorney who is well versed with the act.

As an experienced personal injury attorney, I have years of trial experience, involving personal injury and wrongful death. I am passionate about representing individuals and families of victims who were injured by the actions of drunk drivers. Spread the word, drinking and driving kills!

Source:
Drunk driver gets 15 years for crash that killed pedestrian, Greatfallstribune.com, September 13, 2011

With Labor Day fast approaching and the summer coming to a close, drivers all over the US will head to the highways to visit perhaps for the last time a favorite hot spot. Holiday celebrating usually results in individuals leaving the local taverns and bars into the early hours of the morning. What can follow after a night of drinking can be tragic?

Let's give a hand to a local radio show for trying to educate their listeners on the dangers of drinking and driving. You may know him or listen to his show every morning. It's Pete McMurray, the morning host of Chicago's 97.9 The Loop and NBC Chicago's "24/7" television show. He is going to participate in an on air experiment to educate listeners on the dangers of alcohol on judgment. What effect does alcohol have on one's judgment ability? McMurray will be an active participant in a "Wet Lab Experiment". This experiment is sponsored by the Illinois State Police. Again, what is a wet lab? It is a controlled environment in which a person will consume alcohol in order to a reach a blood alcohol level of 0.08 BAC. This is the legal limit in State of Illinois. He will then participate in a series of task, to demonstrate the effects that alcohol can manifest on an individual's fine and gross motor skills. The demonstration will show the effect of even a single drink of alcohol can on your abilities and judgment. Thank you to McMurray for bringing this extremely important topic to the airways.

In 2009, National Highway Traffic Safety Administration estimated that approximately 320 were killed due to crashes involving an alcohol. Of those injured in alcohol related crashes, many sustain catastrophic injuries. Every year in Illinois, over 50,000 drivers are arrested for driving under the influence. As a Chicago injury lawyer and DUI victim, I understand the suffering experienced by drunk driving victims. I became a Chicago personal injury lawyer after being in a crash with a drunk driver. His blood alcohol was twice the legal limit. Why did he make the choice to drink and drive that night? Perhaps, I will never know. He as an immigrant from Poland, it is believed that he fled the country to avoid prosecution.

As a result of my car crash, I am dedicated and passionate in assisting drunk driving victims recover sufficiently for their injuries or a family's loss. I have been involved in various community organizations over the years. I have spoken for MADD, on victim advocate panels and serving on the Board of Directors for the Alliance Against Intoxicated Motorists (AAIM) for over 3 years. One way to stop the violent crime of drunk driving from occurring is to educate the public. Drinking and driving is a violent crime. We need to educate the public on this.

I want to take a moment to reach out and thank Pete McMurray for bringing this experiment to the local airways. If this information prevents one individual from drinking and driving, we may just have saved a life!

SOURCE:
Chicago Radio Personality Takes One for the Team to Stop Drunk Driving, PR Newswire, Chicago, Aug. 23, 2011
PR Newswire
http://www.prnewswire.co.uk/

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