Archive for December, 2009

Tentative $39 Million Settlement Reached in CA Train Derailment Lawsuits

Thursday, December 31st, 2009

train derailment injury 300x209 Tentative $39 Million Settlement Reached in CA Train Derailment LawsuitsAccording to recent reports, Metrolink, one of the public transportation train operators in Los Angeles, California, has agreed to settle all but one personal injury lawsuit arising out of a January 2005 train derailment that killed 11 passengers and injured several hundred more.  To speak with a top-rated train accident attorney in Chicago, call Passen Law Group at (312) 527-500 for a Free Consultation.

The 2005 Metrolink train crash occurred when a Metrolink train collided with a Jeep Cherokee that had been abandoned on the tracks.  The train derailed and struck multiple trains on either side of the parked vehicle, resulting in 11 deaths and injuries to nearly 200 others.  Juan Manuel Alvarez, who intentionally left his car on the train tracks, was convicted of 11 counts of murder, and sentenced to prison for 11 consecutive life sentences for his role in causing the train derailment injury and deaths.

Lead attorney for plaintiffs in the civil action, Jerome Ringler, stated that all except one of the 186 complaints filed against Metrolink arising out of the January 2005 train derailment have been resolved.  All of the 11 wrongful death lawsuits have  been resolved, and 15 of the 16 catastrophic injury lawsuits (involving critical, permanent injuries) have settled.  One more serious injury action remains, which Mr. Ringler expects to resolve soon.

After Metrolink settles this mass injury lawsuit, it must move on to address the series of lawsuits arising out of a deadly train-car crash in Chatsworth in 2008 that killed 25 people.  The 2008 Metrolink train accident occurred on September 12, 2008, when a Union Pacific freight train and a Metrolink commuter train collided head-on in a district of Los Angeles.

There are various suggestions of negligence as the cause of this collision:  the Metrolink’s train engineer was near the end of a long work week and may have been over hours — suggesting fatigue as a cause of negligence; the engineer may have been distracted by sending text messages while on duty; the train may have blown through a red light signal before the train crash occurred.

For a Free Consultation with an experienced Chicago train accident lawyer with national representation, call Passen Law Group at (312) 527-4500.

New Year Brings New Laws Combating Distracted Driving

Tuesday, December 29th, 2009

In Illinois, the New Year will bring with it new laws aimed at curbing what has become known as “distracted driving,” or driving while performing other tasks such as talking on a cell phone, checking email or texting.  Such laws are designed to limit the number of serious, and often deadly, car accidents.  To speak with a top-rated car accident lawyer in Chicago, call Passen Law Group at (312) 527-4500 for a Free Consultation.

The new traffic laws, House Bill 71 and House Bill 72, were signed into law in August of this year and take effect on Friday, January 1, 2010.  The following activities will be illegal while driving in Illinois:

•    Composing a text, email or instant message
•    Sending a text, email or instant message
•    Reading a text, email or instant message
•    Surfing the Internet
•    Using a Personal Digital Assistant (PDA)
•    Using a portable or mobile computer

In essence, using any electronic device while driving in the state of Illinois will be illegal. The only exceptions are use of global positions systems (GPS)  navigation system, either portable devices or those built into dashboard system.

Vehicle accidents can be catastrophic, and are often caused by distracted or otherwise negligent drivers.  If you or a loved one has been seriously injured in an auto accident, contact an experienced auto crash attorney as soon as possible.  Accidents caused by the failure to adhere to these new laws may be considered evidence of negligence.

Along with bans on texting while driving, new laws address driving through construction and school zones.  Beginning Friday (New Year’s Day), it will be illegal to talk on a hand-held cell phone while in a construction or school zone.  The important phrase is “hand-held.” You are still permitted to talk on a cell phone using Bluetooth or other hands-free device while driving through a construction or school zone.

Additionally, the new laws also address auto insurance.  Starting Friday, motorists who do not have insurance and who are involved in a car accident that causes bodily harm will be charged with, at minimum, a Class A Misdemeanor, which carries a penalty of up to one year in prison, and/or a fine of up to $2,500.  If you have been seriously injured in a car or truck accident, contact the Chicago injury lawyers of Passen Law Group at (312) 527-4500 for a Free Consultation.

Motorists Must Yield to Emergency Vehicles Under ‘Move Over Law’

Sunday, December 27th, 2009

emergency vehciel accidentsIn the course of representing individuals and families in civil personal injury and wrongful death actions, our experienced Chicago injury lawyers sometimes come across criminal or quasi-criminal laws that impact our clients’ cases.  Such is the case with the little-known law in Illinois called “Scott’s Law” (625 ILCS 5/11-907(c)), more commonly referred to as the “Move Over” law.

Named after Lieutenant Scott Gillen of the Chicago Fire Department, who was struck and killed by a drunk driver while helping a distressed motorist on the Dan Ryan Expressway, the law requires any motorist “approaching any police or other emergency vehicle stopped along the roadway” to yield to the moving emergency vehicles, by:

  • Proceeding with caution
  • Changing lanes, if possible
  • Reducing speed

Penalties under Scott’s Law vary depending on whether the violation happened due to “a factor of aggravation,” such as driving while intoxicated or under the influence of drugs.  Such penalties include:

  • Property damage: 90 days to one year suspension of driving privileges
  • Injury to another person: 180 days to 2 years suspension of driving privileges
  • Death of another person: 2 year suspension of driving privileges

Indeed, the Illinois State Police has stated that violators of Scott’s Law will be fined up to $10,000 and have their driver’s license suspended for up to two years.

Though Scott’s Law deals specifically with emergency vehicles, other laws may also apply to serious motor vehicle accidents, depending on whether or not the driver was intoxicated, uninsured or underinsured.  An experienced transportation accident lawyer has a thorough understanding of all applicable laws and investigative tools relating catastrophic motor vehicle accidents.

Motor vehicle accidents may be caused by a number of factors, including driver negligence, defective parts, or simply bad luck.   In any particular accident, there may be many persons or entities involved, including drivers, witnesses, employers, insurance companies and medical personnel.  A top Chicago car accident lawyer can help you navigate the players and investigate the facts to ensure you receive the full compensation you are entitled under the law.

For a free consultation with one of our accident attorneys, call Passen Law Group today at (312) 527-4500.