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
Facebook: Like Us!
Google+ Contact a Chicago personal injury attorney from Briskman Briskman & Greenberg on Google+.
- Parents file wrongful death lawsuit against school after daughter’s suicide
The parents of a 12-year-old girl who committed suicide have filed a wrongful death lawsuit against the Chicago Public School District, claiming that the district failed to take action to address bullying. McKenzie Philpot, a sixth grader at Pierce School of International Studies, left behind messages on social media that revealed the extent of the [...]
- Smart Cars May Improve Safety, but Will Present Their Own Issues
Automobile manufacturers are now developing autonomous vehicles that promise to save thousands of lives. Despite auto safety advances, each year, more than 30,000 people lose their lives in car accidents. Most of those crashes are attributable to human error. New safety features address the problems caused when fallible humans are left in charge. Technology such [...]
- Illinois Teen Driving Deaths Decline
Illinois teen driving deaths have declined, and officials say it is because of more stringent regulations for teen driver’s licenses. Seven years ago, Illinois put a more restrictive program of graduated driver’s licenses in place for teenagers. Teen driving deaths have dropped five percent since then. According to the office of the Illinois Secretary of [...]
- Wrongful death lawsuit dismissed in death of David Koschman
A wrongful death lawsuit over the death of David Koschman has been dismissed. The lawsuit accused Chicago authorities of a cover-up after Koschman died following an altercation with a member of the Daley family. A federal judge ruled that the statute of limitations had expired. U.S. District Judge Rebecca Pallmeyer said the lawsuit by Koschman’s [...]
- Wrongful death lawsuit filed over one-punch death
A wrongful death lawsuit was filed in Cook County by the family of a Palatine man who died after he was punched outside a bar and hit his head on the sidewalk. The family of Ryan Flannigan, 26, filed the lawsuit against Michael Platt, 35. Authorities said that Platt punched Flannigan on the night of [...]
The Chicago Injury Alert Podcast
- Cremated Amputated Leg Leads to Malpractice Lawsuit – Podcast
Rabbi Yona Reiss of the Chicago Rabbinical Council told the Chicago Tribune that under Jewish tradition, body parts that have been severed are preserved or buried for the day when it is believed that the bodies will be resurrected. Severed body parts are usually buried in private, low-key ceremonies, he said. Briskman Briskman & Greenberg351 [...]
- Protecting your loved ones from abuse – Podcast
This month on Chicago Injury Alert, we talk about ways you protect your loved ones from nursing home abuse.
- A Frightening Look at Medical Malpractice – Podcast
On this month’s Chicago Injury Alert, we talk about scary statistics regarding medical malpractice.
- Car Accident Injury Settlements Increase with an Attorney – Podcast
Research indicates that auto accident injury victims who hire attorneys receive larger settlement payments. Plus, the Illinois Appellate Court ruled that school districts my not be shielded from liability under the Tort Immunity Act on this month’s Chicago Injury Alert.
- Illinois sees decrease in malpractice payouts and Drunk drivers get a second chance – Podcast
Diedrich Healthcare performed an analysis of 2013 medical malpractice payments that were recorded by the National Practitioner Data Bank. The insurer found that medical malpractice payouts in Illinois decreased by $28 million from 2012 to 2013. Plus, a new bill is introduced to give drunk drivers a second chance on this month’s Chicago Injury Alert.