Illinois Personal Injury Lawyer Blog

Since January of 2008, Illinois teen drivers must wait 9 months to get their driver's license. New drivers must wait a year before they can have more than one teenage passenger in the car.

The new laws appear to be working. According to new statistics, the death rate of Illinois teens between the ages of 16 and 19 who have died in car crashes has declined more than 40% in 2008 to 92 deaths, compared to 155 in 2007

People killed in driving deaths in 2008 fell by 20%, which may be due to fewer people driving because of high gas prices. But the decrease in teen deaths is a more dramatic decline.

New laws require teen drivers to spend more time practicing on the road while in driver's ed programs. It als requires that a teen driver who receives a moving violation must appear in court with a parent or guardian to get court-supervision. A 2007 change in the laws requires teen drivers to spend more time driving with a parent before being able to get a license-to 50 hours of behind the wheel.

Michael Hionis, the Taft HIgh School driver education director, says he likes the changes made in the laws. It forces teenage drivers to drive in different seasons of the year which prepares them for potentially bad driving conditions come winter.

Hionis believes teen driver's take driving more seriously but also believes they have more distractions, particularly electronic ones.

"The text messaging phenomenon has gotten out of control," Hionis said. "You can't multi-task well. Driving is something very important that you have to single task to be successful."

Posted by Donald W. Fohrman | Permalink | Email This Post

Posted In: Community News

Bookmark:

Jim Sheppard, the former University of Illinois sports announcer, was injured when his car went off the road just south of Champaign.

Sheppard, was southbound on South First Street at about 12:30 p.m. on Jan 3, when he drove off the east side of the road. The car traveled about 600 feet, hit a concrete foundation and then flipped over at least two times.

According to Champaign County Sheriff's Captain, Tim Voges, Sheppard was suffereing from low blood sugar due to his diabetes. The low blood sugar caused Sheppard to lose control of his car.

Voges said Sheppard sustained minor injuries. His car was totaled in the accident.

Posted by Donald W. Fohrman | Permalink | Email This Post

Posted In: Car accidents

Bookmark:

State police reported that Laura McCracken, 56, of Westmont, Illinois was killed in an auto accident on Saturday. The heavy snowfall was blamed for the accident.

McCracken was heading south on 1-55 near Lemont Rd., when her vehicle hit the cement median causing it to spin around. A car approaching from behind plowed into the driver side of McCracken's car. She was pronounced dead at the scene of the accident.

Authorities reported a "constant" number of accidents on Saturday which prompted the state Emergency Snow Plan to go into affect on Saturday afternoon. Under the plan, if you are involved in an accident with no injuries, the drivers involved should go to their local police station to report the accident. This allows dispatched police to be available for more serious accidents, those involving injuries.

When the snow finally stopped on Saturday, O'Hare International Airport reported 10 inches of snow had fallen since it began on Friday. The Chicago Department of Aviation reported that the weather caused cancellation of 75 flights and the average delay was 110 minutes.

The National Weather Service is predicting more snow this week with falling temperatures later in the week.

Posted by Donald W. Fohrman | Permalink | Email This Post

Posted In: Car accidents

Bookmark:

The Elgin-O'Hare Expressway was shut down for about an hour early this morning due to dangerous ice on the roadway.

The dangerous roadway was to blame for a five car accident between theGary Ave., on ramp and Wright St. No injuries were reported.

According to State Police, the roadway was just too slick and dangerous. The expressway was re-opened around 8 am.

Posted by Donald W. Fohrman | Permalink | Email This Post

Posted In: Community News

Bookmark:

Alexander Krzyston, 22 of Burr Ridge, IL was arrested in connection with the alcohol related death of a minor. Evanston police arrested Krzyston on December 16 and charged him in connection with the death Northwestern student, Matthew Sunshine.

According to authorities, Sunshine was playing a drinking game for which Krzyston provided the alcohol. Sunshine's blood alcohol reached 0.396. Friends took Sunshine back to his room and checked on him periodically through the night. Police said the following morning he was found unresponsive.

Krzyston was charged with one count of unlawful delivery of alcohol to a minor. Traditionally, delivery of alcohol to a minor under Illinois law is a misdemeanor. Because the consumption lead to his death, the charge has been upgraded to a felony.

Criminal charges could include manslaughter. It depends on how responsible authorities believe Krzyston was in Sunshine's death. The investigation is ongoing. No other charges have been announced.

Sunshine's parents can also pursue a civil action against Krzyston. He could be charged with negligence, failure to act as a reasonable person would act in that situation; or with willful and wanton behavior, acting in utter indifference to the safety of others.

Jeffrey Sunshine declined to comment on whether they would pursue any civil action, citing the criminal investigation which is ongoing.

Because college-age students do not have assets to pay a judgment or settlement, negligence claims are rarely made against them. However, a civil lawsuit may look at other parties involved, possibly the university.

According to Al Cubbage, vice president for university relations, "Northwestern University policies prohibit the provision of alcohol to underage students in the university's residence halls by students who are of legal age. The university takes violations of its policies seriously and has established disciplinary procedures to pursue action against any student found to have violated university policies."

Recently, the Associated Press conducted an analysis of new articles concerning alcohol-poisoning deaths over the past 10 years. After the results of a criminal investigation were known, about 40 percent of the time, charges were filed. The analysis found that in a majority of the the cases, the defendant received fines, probation or community services. Jail time was rare and plea bargains were reached.

Posted by Donald W. Fohrman | Permalink | Email This Post

Posted In: Wrongful death

Bookmark:

Air Angels emergency transport company was named in a lawsuit filed on Jan 8. by the parents of the toddler killed in an October crash in Aurora, IL.

Kristin Blockinger was being transported to Children's Memorial Hospital in Chicago from Valley West Hospital in Sandwich.

According to the lawsuit filed in Cook County Circuit Court, Air Angels, its operator and the pilot should have take precautions such as having two pilots and installing better equipment. The helicopter carrying 1 year-old Kirstin crashed after clipping a radio tower wire. The helicopter crashed in a field along Eola Rd. Everyone on board was killed in the crash.

Brooke and Robert Blockinger, Kristin's parents, believe new safety rules for such flights are necessary and hope that this incident will speed up action by the Federal Aviation Administration.

Recommendations by the National Transportation and Safety Board include the intallation of the Terrain Awareness Warning Systems on medical helicopters. Pilots are warned when they are in danger of crashing to the ground or an obstruction. The system is ready for installation now, however, some helicopter companies are waiting for the FAA and to see whether it is mandated.

Also killed in the crash was the 69 year old pilot, paramedic Ronald Battiato, 41 and nurse William Mann, 31.

Posted by Donald W. Fohrman | Permalink | Email This Post

Posted In: Wrongful death

Bookmark:

Effective Jan 1, 2009, more than 100 new state laws will go into effect including long awaited ethics and contracting reforms, better tracking for offenders who have violated domestic violence orders of protection and stronger legislation for targeting intoxicated drivers.

According to State Senator Tim Bivens (R-Dixon), the most important piece of legislation approved is the "Pay to Play" bill 824, which bans state contractors from contributing to campaigns for statewide office holders who may be responsible for awarding contracts.
Contracts over $50,000 or more are subject to the ban.

To read the full article click here

Posted by Donald W. Fohrman | Permalink | Email This Post

Posted In: Community News

Bookmark:

Roger Walburg, 52, pleased guilty to three counts of reckless homicide 28 years after being involved in a car-train accident that left three people dead.

In June 1980, Walburg, was driving a car which was carrying three acquaintances when he went he went around lowered gates at a railroad crossing in Villa Park, IL. The car he was driving was struck by an oncoming commuter train.

Walburg was scene running and stumbling from the accident scene. He was treated at Elmhurst Memorial Hospital for injuries consistent with being in a car crash.

Walburg fled the state and settled in Oklahoma where he was living under the alias, Jason Bowling.

Former Villa Park police detective, Norman Hall, continued to investigate the accident over the past 28 years and had enough evidence to have an arrest warrant issued in September 2008.

Walburg will be sentenced in January where he faces up to 4 years in prison. The sentencing includes a maximum of 3 years for the reckless homicides and 1 year for violating his original bond. The judge legally must use 1980 sentencing guidelines which were less harsh than today's guidelines for similar crimes.

Today a reckless homicide charge which involved more than one victim would mean a maximum sentence of 14 years in prison.

Posted by Donald W. Fohrman | Permalink | Email This Post

Posted In:

Bookmark: