» Wrongful Death Lawsuit Filed on Behalf of Pedestrian Killed in Accident

Wrongful Death Lawsuit Filed on Behalf of Pedestrian Killed in Accident

Chicago, IL (Law Firm Newswire) March 21, 2014 – A wrongful death lawsuit has been filed over an August 2013 accident in Jacksonville, Illinois that killed a pedestrian.

The lawsuit was filed on behalf of the estate of Caryn Thomas in Morgan County Circuit Court, naming as defendants Mitchell Smith, Jay Shirley and Jay Shirley, Incorporated.

According to the lawsuit, Thomas was on foot near the corner of Clay and Morton in Jacksonville when Smith, driving a semi-trailer owned by Shirley's company, struck and killed her.

“Obviously, pedestrians are extremely vulnerable in car accidents. That means that collisions involving people on foot are much more likely to result in fatalities,” said Paul Greenberg, a Chicago wrongful death attorney not involved in the case. “In tragic circumstances such as these, a wrongful death lawsuit may be an appropriate way to seek compensation for the family of the deceased.”

The lawsuit claims that the defendants negligently operated the semi-trailer at an unreasonable rate of speed and without properly looking out for pedestrians. The complaint also alleges that the driver saw Thomas but failed to yield the right of way, and that he started the vehicle from a stationary position without first making sure it could be done safely. The lawsuit further claims that the defendants failed to equip the vehicle with proper brakes, failed to give an audible warning of the truck's approach and failed to stop or change course when the truck was in imminent danger of striking Thomas.

According to the lawsuit, as a result of the defendants' negligence, the semi-trailer struck and killed Thomas. The complaint alleges that Thomas' heirs and next-of-kin sustained damages including mental suffering, grief, sorrow, and loss of support and companionship. The lawsuit requests more than $50,000 in damages.

In 2012 in Illinois, there were 274,111 motor vehicle crashes. 886 of those crashes resulted in one or more fatalities. There were a total of 956 traffic fatalities, and 139 of the people killed were crashes involved pedestrians accounted for 1.7 percent of crashes statewide. Nationally, there were 4,092 pedestrian traffic fatalities in 2009.

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
Facebook: Like Us!
Google+ Contact a Chicago personal injury attorney from Briskman Briskman & Greenberg on Google+.

  • Illinois families sue feed company for wrongful deaths of workers
    The families of two employees who died from gas exposure while working at an animal feed plant in Illinois have filed a wrongful death lawsuit against their employer. According to the lawsuit, liquid feed manufacturer Agridyne LLC failed to provide the workers with safety equipment that could have prevented their deaths. The families filed the ...
  • Report reveals Chicago’s premature birth rate exceeds national average
    Chicago scored a D in the March of Dimes 2015 ranking of pre-term birth rates in six large Illinois cities. The city has a premature birth rate of 10.4 percent in comparison to the United States’ overall rate of 9.6 percent. Joliet had the state’s lowest rate of 9.6 percent, while Peoria received an F ...
  • Why registered nurses are more likely to identify drug errors in nursing homes
    New research has found that registered nurses (RNs) are more likely than licensed practical nurses (LPNs) to evaluate and identify medication errors that could pose risks to nursing home residents. Researchers said carefully monitoring medication could help prevent almost 66 percent of all falls, hallucinations and other drug-related problems experienced by nursing home residents. The ...
  • Injured workers claim retaliatory discharge
    Under the Illinois Workers’ Compensation Act, Illinois workers have a right to compensation, and employers are advised to be mindful of the potential liability they may confront in state court. There may be cases in which an employer would like to discharge an employee who has suffered an injury, or alleges to have suffered an ...
  • Illinois Appellate Court rules police officer injured at home is entitled to compensation
    The Illinois Workers’ Compensation Appellate Court ruled in December that an injury sustained by a police officer while loading his duty bag into his car at home was compensable. The case involved the Bolingbook Police Department and the Illinois Workers’ Compensation Commission. One of the plaintiff’s job duties as a police officer included the safekeeping ...

The Chicago Injury Alert Podcast

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required