Chicago Wrongful Death Attorney Comments on Lawsuit Against State Trooper
Chicago, IL (Law Firm Newswire) March 29, 2013 – A wrongful death lawsuit has been filed against an Illinois state trooper.
The lawsuit blames Illinois State Police Master Sgt. David Schneider for a motorcycle accident on August 26, 2011 that claimed the life of Nicholas Linton, 29. According to court documents, Linton and two others were traveling east on I-88 when Linton attempted to change lanes and was allegedly “clipped from behind” by an unmarked police car driven by Schneider.
Linton was thrown from his bike and into the path of a friend's motorcycle, which struck him. Medical personnel pronounced him dead at the scene.
“It is a tragic event for this young man to lose his life,” said Robert Briskman, a Chicago wrongful death attorney not involved in the case. “Whether the accident is the fault of the officer is something to be decided through the legal process.”
The accident occurred in the Naperville-Warrenville area near Winfield Road shortly after nine o'clock in the evening. State police had indicated that Schneider was following the motorcycles, which were traveling at speeds of more than 90 miles per hour.
According to the lawsuit, Schneider was driving negligently, following too closely and speeding. Schneider is accused of failing to slow down or use his siren and emergency lights.
Monique Bond, a spokesperson for the Illinois State Police, commented at the time that the trooper was following police policy and that his actions did not contribute to the accident. She said that video taken from inside the trooper's cruiser showed the motorcycles repeatedly speeding up and braking. According to Bond, it is standard procedure for an officer to not turn on the siren or lights until license plate information has been identified, as motorcycles can accelerate quickly between cars and elude police.
The wrongful death lawsuit was filed in DuPage County court by Linton's widow, Erica. According to court documents, Linton was a father of two.
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