Car Accident

Liability for Drivers of Taxi Cabs and Ridesharing Services

April 9, 2018 | John J. Malm

A couple months ago, a California man was arrested for posing as a rideshare driver and raping seven women in a 15 month period. One of the man’s victims stated that she got into the man’s car because she believed his car was the Uber she ordered.

Similar instances involving drivers of taxi cabs and ridesharing services, such as Uber and Lyft, are on the rise across the country. Earlier this month, an Uber driver in Ohio pulled a knife on his passengers after one of them said that his vehicle smelled like smoke. In February 2017, a woman was raped by an Uber driver in Texas. According to a lawsuit recently filed by the victim, she ordered an Uber to take her to her aunt’s house after leaving a bar. The Uber driver picked the woman up at the bar, drove to his house, took the woman inside, and raped her. The woman was charged by the Uber app over $200 for the trip, even though it was clear that the Uber driver had taken a significant detour from the requested route. Continue reading

Why are Car Accidents with Pedestrians Growing?

March 7, 2018 | John J. Malm

In the last couple of years car accidents involving pedestrians have steadily increased. A report by the National Public Radio (NPR) released in 2017, stated that pedestrian fatalities had increased by over 11 percent in a single year, putting the number of fatalities to nearly 6,000 deaths. The National Highway Traffic Safety Administration (NHTSA) estimated 5,376 pedestrians were killed in 2015 and 4,884 pedestrians were killed in 2014. Based on those numbers, NHTSA estimates that on average, a pedestrian was killed every two hours and injured every seven minutes in traffic crashes. According to the Centers for Disease Control and Prevention (CDC), pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car accident.

The CDC states that high vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the severity of the pedestrian’s injury. In NPR’s report, the deputy executive director of the Active Transportation Alliance, interviewed by NPR, stated that, “If a pedestrian is struck at 20 miles an hour, they have a 10 percent chance of dying. If they are struck at 40 miles an hour, they have an 80 percent chance of dying.” Continue reading

Illinois Supreme Court Issues Opinion on Joint Tortfeasors

February 21, 2018 | John J. Malm

Last week, the Illinois Supreme Court issued an opinion in the case of Antonicelli v. Rodriguez, a personal injury car accident case involving multiple defendants. In the case, the plaintiff, Angela Antonicelli, was a passenger in a car traveling on Interstate 88. Antonicelli v. Rodriguez, 2018 IL 121943, ¶ 3. Defendant Karl Browder was operating a semi-truck directly behind the vehicle Ms. Antonicelli was a passenger in. Id. Defendant Daniel Juan Rodriguez, while under the influence of cocaine, made an improper U-turn and struck Ms. Antonicelli’s vehicle. Id. at ¶ 4. Mr. Browder’s vehicle then slammed into Ms. Antonicelli’s vehicle. Id. As a result of the multiple collisions, Ms. Antonicelli suffered severe permanent injuries. Id.

Ms. Antonicelli brought a lawsuit against both Mr. Rodriguez and Mr. Browder (as well as Mr. Browder’s employers) to recover medical expenses and damages for her injuries. Id. at ¶ 6. Prior to the case going to trial, Ms. Antonicelli and Mr. Rodriguez entered into a settlement agreement for $20,000, the policy limits of Mr. Rodriguez’s insurance policy. Id. Mr. Browder then filed a counterclaim against Mr. Rodriguez for contribution, alleging that Mr. Rodriguez’s intentional conduct was the causation of Ms. Antonicelli’s injuries. Id. at ¶ 7. Continue reading

Why are Fatalities from Distracted Driving on the Rise?

February 7, 2018 | John J. Malm

Every year, thousands of people across the country are injured in car accidents by distracted drivers. Studies have shown the number one cause of distracted driving is cell phone use. As cell phone technology advances, so too does the risk of distracted driving. The Illinois State Police Department estimates the use of a cell phone while driving increases the chance of getting into a car accident by 400 percent. According to the National Conference of State Legislatures, in 2015 alone, approximately 3,477 people in the U.S. died in crashes that involved a distracted driver, and 391,000 people were injured. Here in Illinois, there were over 1,000 fatal crashes in 2017. This trend seems only to be continuing. In the month of January, 2018, there had already been over 60 fatal crashes with 66 fatalities in Illinois. Continue reading

Liability for Accidents Caused by Drunk Drivers in Illinois

December 18, 2014 | John J. Malm

Every year, more than 10,000 people die in alcohol-impaired driving crashes. That’s one accident every 51 minutes. In Illinois, over 300 people are killed by drunk drivers each year.

When you drive, you face a serious and potentially life-threatening risk that there may be an impaired or intoxicated driver on the road. In Naperville, a drunk driver recently caused the deaths of two young DuPage County residents. While impaired driving also includes sleepy drivers and those impaired by illegal drugs or certain medications, drunk driving is a grave issue that needs to be addressed.
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Illinois Route 59 Roadway Improvements Will Relieve Congestion and Reduce Traffic Accidents for DuPage County Drivers

September 30, 2014 | John J. Malm

As a main artery for commuters in Naperville and Aurora, Illinois Route 59 has been a constant source of frustration for DuPage County drivers. More than 50,000 vehicles travel Route 59 each day. Heavy traffic often leads to delays of up to thirty minutes. Congested traffic along Route 59 has also led to numerous motor vehicle accidents, with as many as 400 traffic accidents recorded each year.

Kane County and DuPage County have seen extensive growth and urbanization in recent years, which has led to increased traffic along Route 59 and the surrounding corridor. To increase traffic flow and improve roadway safety, the Illinois Department of Transportation (IDOT) has begun a construction project along Route 59 between Ferry Road and New York/Aurora Avenue in Naperville. The construction project began April 21, 2014, and is scheduled to be completed by September 30, 2015. Plans include the construction of new concrete retaining walls, additional noise abatement walls, and full reconstruction of the Interstate 88/IL Route 59 interchange, making passage through this area quicker and safer.
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