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+.
- Illinois jury awards $1 million in birth injury case
The family of an Illinois girl who was injured during birth was awarded $1 million by a jury in a medical malpractice case. The award came after a six-day trial and five hours of deliberation. Bailei Rae has a brachial plexus injury, which limits the movement of her left arm, as well as permanent nerve [...]
- How the Illinois Injured Workers’ Benefit Fund works
Illinois workers who are injured on the job have the right to workers’ compensation benefits for hours of work lost and for medical expenses. If the employer fails to pay the compensation owed, then the benefits can be paid by the Injured Workers’ Benefit Fund (IWBF). The IWBF was created in 2005 to compensate injured [...]
- Illinois Governor Vetoes Truck Safety Bill
A bill to increase the speed limit for trucks on some non-urban Illinois highways, which was passed unanimously in both chambers of the Illinois state legislature, has been vetoed by Governor Pat Quinn. The trucking industry supported the bill, claiming that a high speed differential between cars and trucks is dangerous. The top speed for [...]
- About Erb’s palsy
Erb’s palsy is an injury that can occur during birth. When such an injury is the result of medical malpractice, the child’s family may be entitled to compensation through a medical malpractice lawsuit. Erb’s palsy has similarities with brachial plexus palsy, which is the loss of upper arm movement caused by nerve damage that occurs [...]
- Amputee Files Lawsuit Against Hospital for Cremating Amputated Leg
A patient has filed a lawsuit against Skokie Hospital for incinerating his amputated leg. The patient, an Orthodox Jew whose religious traditions indicate that the dead should be buried whole, claims that he informed a rabbi employed by the hospital and other medical personnel that he wanted his leg to be preserved to be buried [...]
The Chicago Injury Alert Podcast
- 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. Briskman Briskman & Greenberg351 West Hubbard Street #810 Chicago, IL, 60654 USA email@example.com • (312) 222-0010
- 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.
- A Swan Attack Leads to a Wrongful Death Lawsuit and the NHTSA Investigates the 2014 Chevy Impala – Podcast
The National Highway Traffic Safety Administration (NHTSA) has launched an investigation of the 2014 Chevrolet Impala. Plus, a swan attack leads to a wrongful death lawsuit on this month’s Chicago Injury Alert.