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+.
- Over 14 million dollars awarded in birth injury lawsuit
An Ohio jury has awarded $14.5 million to a boy who suffered a birth injury. The jury returned the verdict against a hospital and doctor in favor of the 11-year-old boy and his mother, Stephanie Stewart. The child suffered a brain hemorrhage after a delay in his delivery, and he now suffers from cognitive delays, [...]
- New Illinois law allows workers to sue third-party service organizations
On June 5, 2014, Senate Bill 3287 passed both houses of the Illinois legislature and was signed into law by Governor Quinn, becoming Public Act 98-33. The law eliminates immunity for third-party maintenance or service corporations from third-party lawsuits under the exclusive remedy provisions of the Workers’ Compensation Act. The law went into effect immediately. [...]
- Infection rates in Iillinois hospitals may bring Medicare penalties
This fall, Medicare payments may be docked for six or more Illinois hospitals as the government cracks down on infections and other injuries to patients. Northwestern Memorial Hospital, which has one of the highest rates of hospital-acquired medical conditions in the state, is on the list. Beginning in October, annual penalties for Northwestern and five [...]
- Labor trauma can cause birth injuries
A number of birth injuries can result from trauma experienced during the labor and delivery process. Said trauma can result from mistakes on the part of medical professionals attending the birth. Head trauma suffered during delivery can cause several different types of birth injuries, including cephalohematoma, caput succedaneum and epidural hemorrhage. Cerebral palsy, a disability [...]
- Wrongful death lawsuits filed against DCFS by families of two deceased girls
Wrongful death lawsuits have been filed against the state Department of Children and Family Services (DCFS) by the families of two deceased girls, accusing the agency of ignoring indications that the children had been placed in abusive households with other relatives. One lawsuit was filed July 11 in Cook County Circuit Court by the mother [...]
The Chicago Injury Alert Podcast
- 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. Briskman Briskman & Greenberg351 West Hubbard Street #810 Chicago, IL, 60654 USA firstname.lastname@example.org • (312) 222-0010
- 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.
- US Post Office Cited for Safety Violations and The 3 Most Common Birth Injury Causes – Podcast
US Post Office branches in Illinois have been cited for safety violations. Plus we talk about the 3 most common birth injury causes on this month’s Chicago Injury Alert.
- The NSC’s Concerns About Consumer Electronics in Cars Plus Texting and Driving Still a Problem in Chicago – Podcast
National Safety Council is concerned about consumer electronics in cars and a report shows texting and driving is still a big problem in Chicago and statewide on this month’s Chicago Injury Alert.