Articles Posted in Car Accidents

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On Jan. 27, 2011, the defendant, 55-year-old Wayne Mallek, was driving eastbound on Signal Hill Road in North Barrington, Ill., during snowy weather. As Mallek went down a steep hill approaching a stop sign at Route 59, he realized he was not going to be able to stop in time due to the accumulation of packed snow on the road. Traffic traveling on Route 59 did not have any stop signs or traffic control devices at that intersection.

Mallek applied his brake hard, pumped the brakes and then swerved sharply to the right but his vehicle did not slow down or respond until he reached the intersection due to the steep decline.

As a result of that maneuver, Mallek slightly sideswiped a southbound box truck driven by the defendant Santiago Nava who was employed by Randolph Packing. Nava was in the scope of his employment at the time.

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In this case, the plaintiff Tabitha Wiggins and the defendant Sheila Bonsack were involved in an automobile collision that took place near the intersection of Logan Street and Route 149 in West Frankfort, Ill. The intersection is a 4-way intersection with traffic control devices in each direction. According to the record, the defendant, Bonsack, stopped to get gas after work and was then exiting Podge’s Service Station near the intersection by turning left out of Podge’s parking lot to travel north on Logan Street. In order to turn left onto northbound Logan, Bonsack had to cross two lanes of southbound traffic. Because traffic was heavy at the time, Bonsack sat for 2-3 minutes waiting for a break in traffic in order to exit.

According to Bonsack, an unidentified man in a red truck came to a stop in the southbound lane closest to Podge’s and left a gap between his truck and the two cars in front of him that were stopped at the red light at the intersection. The driver of the red truck waved Bonsack through. Bonsack proceeded slowly, but Wiggins’ car crashed into the front of Bonsack’s car at that moment.

Wiggins was 15 at the time of the accident and was driving on a driver’s permit. Her mother was in the passenger seat. Wiggins was approaching the traffic light at the intersection and noted that it was red in her direction. She was applying her brakes when Bonsack’s car came out into her lane, resulting in the crash. Wiggins had testified that she was “going the speed limit or under “’cause it was a stop light.” She estimated that she was traveling at 20 mph or less. The airbags in Wiggins’s vehicle did not deploy on impact.

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In Illinois, the Illinois Vehicle Code Section 9-101 requires that an entity may only engage in the business of renting out motor vehicles if it first provides the Illinois Secretary of State with proof of its financial responsibility. The purpose of the requirement is to provide the public with protection for negligent drivers who don’t have insurance and rent cars or other vehicles.

Section 9-102 of the Illinois Vehicle Code provides that a rental car company may give proof of financial responsibility by filing a bond, an insurance policy or a certificate of self-insurance issued by the director of the Department of Insurance.

A bond must be in the sum of $100,000 and conditioned on the rental car company’s payment of any judgment resulting from the operation of a rental vehicle or against the company, the renter or anyone driving the car with the consent of the company and the renter. 625 ILCS 5/9-103.

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On Feb. 20, 2010, 73-year-old Bonnie Elzinga was driving eastbound on 159th Street in Markham, Ill. She was passing by the Canterbury Shopping Center at Kedzie Avenue and 159th Street. At that moment, the defendant, Bose Ijoala, drove his car northbound from the shopping center and was about to make a left turn onto 159th Street when he struck the passenger side of Elzinga’s car.

Elzinga was retired at the time. She suffered soft tissue injuries in aggravation of arthritis in her back, knees and right shoulder. She also suffered soft tissue injuries to her head, ribs and chest.

Her medical treatment included two months of physical therapy, one month of chiropractic care and pain medication. She maintained that she had been an active senior citizen prior to this crash, but her injuries had a significant effect on her lifestyle.

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A case against the automaker General Motors was first settled and then refiled after it was revealed that GM had chosen not to report the ignition switch defect to the public for more than 10 years. This was claimed to have been fraudulent concealment.

In this particular Georgia case, the parents of a 29-year-old woman, Brooke Melton, refiled a lawsuit against General Motors because new facts were revealed that related to the automaker’s knowledge that long predated the settlement. She was killed in a GM car in 2010 when the ignition switch on her Chevrolet Cobalt failed and caused the crash that tragically ended her life. General Motors and the family of Melton settled her wrongful-death action last year.

After the refiled lawsuit was put in place, GM moved to dismiss the case by motion. The Georgia judge presiding denied the motion. In fact, the presiding judge ordered that General Motors begin the discovery process by producing written materials and documents that had been requested by the Melton family attorneys. In addition, General Motors will be subject to written discovery by depositions to be taken of GM personnel as the case moves along.

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Theodus Williams was driving a fully loaded dump truck owned by Valvano Construction when he lost control of the vehicle on a two-lane highway. This caused a crash with another car, which in turn rear-ended an SUV in which Holly Ann Cuchwara was riding. After being rear-ended, the SUV hit a utility pole before it came to a stop. Cuchwara, 38, suffered multiple injuries, including a fractured spine, closed-head injury, a broken ankle and a corneal abrasion. Cuchwara now suffers from headaches, chronic pain and fatigue.

Cuchwara and her husband sued Williams, claiming that he was negligent in his driving. The lawsuit also claimed that Valvano Construction and its corporate management had chosen not to maintain and inspect the dump truck that Williams was driving. The Cuchwaras claimed that the dump truck was not roadworthy due to the defective steering system and faulty brakes. Cuchwara did not claim lost income or past medical expenses.

After a jury trial, the jurors entered a verdict of $10.1 million and a finding that Williams was 30% responsible for Cuchwara’s injuries. The verdict would be paid by those defendants according to the jury’s percentage splits. The Cuchwara family was represented by attorneys Joseph A. Quinn, Jr. and Michael A. Lombardo III.

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On Nov. 27, 2008, Galissa Brown walked out of the Nitro Nightclub in west suburban Stone Park, Ill., at about 1 a.m. She began walking with some of her friends to their car. The police had already been called to this nightclub because of 4 or 5 stabbings. It had been a violent night.

Two blocks from the nightclub, Brown was the victim of a hit-and-run driver. Brown was taken to Loyola Medical Center in Maywood, Ill., and pronounced dead at 1:58 a.m. Neither the vehicle nor the individual driver was ever identified.

On Nov. 23, 2009, Reginald Brown, Galissa’s father, filed a lawsuit against Nitro under the Liquor Control Act of 1934, which is also known as the Illinois Dram Shop Act.

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A Philadelphia jury entered a verdict of $55 million in damages after nine days of trial testimony in favor of Carlos Martinez who suffered paralysis in a car crash when his Honda SUV rolled over. Martinez’s head hit the roof of the vehicle in the rollover. There was evidence revealed during the discovery process that showed that Honda had determined that a seat-belted driver would strike his or her head on the roof in a rollover crash. The Honda vehicle, an Integra SUV, was not further tested by Honda to resolve that defect to protect drivers and passengers in rollover incidences.

The lawyer representing Martinez maintained that the injuries suffered could have been avoided by a safer design of the seat belt that was already in existence. It is hopeful that this verdict would send a message to Honda that it must correct the defect to the seat belt in this Honda vehicle.

The jury’s verdict of $55 million included $25 million for past and future damages, $14.6 million for medical expenses and $15 million that was assigned for the benefit of Martinez’s wife for loss of consortium.

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In September 2008, Erica Perkins was involved in a car crash while driving a car owned by Beverly Perkins. LaTonya Reese and Kionna Griffin sued Erica Perkins for the injuries they suffered in the crash.

American Access Casualty Co. issued a non-owner’s insurance policy to Erica Perkins and provided a defense to Erica against each of the complaints filed against her. However, the insurance company required Erica to cooperate with American Access and to answer all questions and provide any written proofs that American Access required.

American Access charged that Beverly Perkins regularly let Erica drive without adding her as a primary insured. American Access alleged that the Perkinses have been uncooperative, choosing not to answer questions or cooperate with American Access’s investigation. As a result, American Access filed for a declaratory judgment against Erica, Reese and Griffin seeking a judicial declaration that American Access owed no duty to defend Erica because the car was not a “non-owned automobile.”

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Mei Pang was a passenger in a car driven by Ingrid Chan in January 2002 when a crash occurred between Chan’s car and another vehicle driven by Donald McGinnis. Pang was injured severely. McGinnis’s insurer paid Pang $100,000 to settle her personal injury lawsuit and claim.

Chan was insured by Farmers Insurance Group. Chan and her husband had a special “umbrella policy.” The umbrella policy covered the named insureds (the Chans themselves), any relatives of the Chans by blood, marriage or adoption or any person under 21 in the care of the named insured.

On Jan. 7, 2010, Pang filed a complaint for underinsured motorist coverage seeking coverage both from Farmers under the Chan umbrella policy and also from Mid-Century Insurance Co., which issued the Chans their primary auto insurance policy.

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