Articles Posted in Car Accidents

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On Feb. 12, 2010, Sylvia Castillo was driving southbound on Ashland Avenue in Chicago when the defendant, Kidane Kuentu, ran a red light at the intersection while driving westbound on Taylor Street.  This caused a collision that injured Castillo.  Castillo, 33, was an assistant manager who sustained a fracture of the distal humerus in the right arm.  She received treatment at an emergency room and then later received chiropractic/physical therapy to rehabilitate her right arm. The defendant admitted liability, but contested the extent of the damages claimed by Castillo.

The demand to settle the case before trial was $175,000.  The offer to settle before the beginning of the trial was $30,000 made on behalf of Kuentu.  The jury was asked to return a verdict of $344,488 by Castillo’s attorney, Jeremy D. Lee.

The Cook County jury’s verdict of $74,487 was made up of the following damages:

  • $19,487 for medical expenses;
  • $27,000 for pain and suffering; and
  • $27,000 for loss of normal life;

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In a case that involved a “duty to settle” claim, the Illinois Appellate Court affirmed a decision dismissing a claim made by the insured, Randy Powell against his auto insurance company, American Service Insurance Co. (ASI).  It was alleged in the lawsuit by Randy Powell that Katie Linares broadsided his van when he stopped in front of her vehicle and started turning left to make a U-turn.  Powell demanded the $20,000 limit of the auto policy that Linares had purchased from ASI.

ASI rejected the demand and Powell continued on to a jury trial, which returned a verdict of $47,951.  Linares assigned her rights against the insurer to Powell who then sued for breach of duty to settle against ASI.

According to paragraph 6 of the complaint, “Linares was operating her vehicle on northbound Medline Drive, a private street or corporate driveway, in Mundelein, Illinois, behind the van being operated by Powell, saw him make a left turn attempting to make a U-turn and stopping in front of the Linares vehicle either perpendicular or at a northwest angle to the northbound roadway, and, rather than apply her brakes or attempt to veer behind the van driven by Powell, veered directly into the van striking it broadside with a strong impact.”

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James R. Fregeau was involved in two separate rear-end motor vehicle crashes within 20 months.  In both cases his car was rear-ended by another vehicle.  Fregeau filed two separate lawsuits that later were consolidated for discovery and trial. 

The first crash took place on April 22, 2009 when the car driven by defendant Anthony Foster rear-ended a vehicle in front of him that was then pushed into the Fregeau car.  The second crash took place on Dec. 4, 2010 when the car driven by defendant Dina Whittier rear-ended Fregeau’s car on southbound Interstate 57 near 167th Street in Markham, Ill.  In that case, the Fregeau and the Whittier car spun out and a second impact occurred when they struck each other.

As for the first crash, Fregeau was 27 years old and claimed he suffered spinal sprains and aggravations of a facet joint arthropathy, which required emergency room visits, doctor visits, CT scans, MRIs, bone scan, physical therapy, chiropractic treatment, facet blocks and future facet ablations. 

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A speeding truck leaving the Newhall Tunnel in Southern California apparently lost control, crashed into the center divider and came to a stop some 1,700 feet outside of the tunnel exit.  As other motor vehicles were leaving the tunnel, they braked and slowed down to avoid the crashed truck.  A series of chain-reaction collisions followed.  A fire broke out from one of the crashes and spread through the tunnel and to other stalled vehicles.

One of the individuals involved in this tragic crash was Ricardo Cibrian, a trucker who was trapped inside his truck in the tunnel and unfortunately died in the fire that reached his tractor. He was survived by his wife and two children.

This crash and fire resulted in more than 50 claims, including 3 death cases.  There were five personal injury actions and dozens of property damage claims.  All of the cases were consolidated into one.  Cibrian’s family claimed $1.2 million in economic damages, including past and future lost earnings.

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On May 20, 2008, Timothy Balota, 31, was driving southbound on Interstate 55 in Collinsville, Ill., when traffic came to a stop approaching a construction zone near Route 157.  Collinsville is a near east side suburb of St. Louis.  A truck was stopped behind the plaintiff’s car when the semi-tractor-trailer driven by defendant Lewis Casey rear-ended the truck at 20-30 mph.  That crash triggered a chain reaction collision, which included five vehicles. 

At the time of the crash, Balota was on his way to have staples removed from a surgery necessitated by a life-threatening accident just 13 months earlier. 

As a result of the impact of this crash, Balota sustained cervical disc injuries at C5-6, C3-4 and C6-7 with future surgery recommended by his treating physician.  Balota also suffered aggravation of pre-existing conditions in his lumbar and thoracic spine. He claimed past and future lost time as a carpenter of $485,299. 

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On July 17, 2009, Kristen Henson was driving in the left lane of northbound Illinois Interstate 94 in West Deerfield Township when a car driven by the defendant, Steven Teeters, rear-ended her car.  Henson, 35, was a retail purchaser. She alleged in her lawsuit that the crash caused headaches and soft tissue injuries to her neck, lower back, tailbone and pelvic area injuries. 

The headaches and neck injury healed shortly after the crash, but Henson claimed that the low back, tailbone and pelvic injuries were permanent and continued to cause pain and limitations in her daily activities.

The defendant, Steven Teeters, admitted that before the collision his eyes were closed briefly and therefore he did not notice that Henson’s car was moving slowly or slowing down.  Teeters said that because he had his eyes closed he didn’t react fast enough to avoid the impact. Teeters admitted fault, but contested the nature, extent, duration and causation of Henson’s injuries.

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A Cook County jury signed a verdict of $38,681 related to an Aug. 13, 2010 rear-end car crash.  The plaintiff, Christina Pervomskaya, was stopped in a line of traffic on Waukegan Road in Glenview, Ill., when she was rear-ended by Sally Langan’s motor vehicle. 

Pervomskaya, 28, suffered a concussion, post-concussion syndrome, headaches and neck, back and shoulder strains. She worked as a dental hygienist and missed 4 days of work because of this incident.  The defendant, Langan, denied that Pervomskaya was injured to the extent that she claimed and that some of her medical care was not necessary.

Before trial, the demand to settle the case made by Pervomskaya’s counsel was $40,000.  The attorney asked the jury to return a verdict of $80,000.  The offer made by the defendant before trial was $45,000.

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On April 19, 2010, Frances Villarreal was stopped at a red light on eastbound 67th Street at Cicero Avenue in Chicago.  Villarreal was waiting to make a right turn when her car was rear-ended by the defendant, Cynthia Zaragoza.  The crash occurred during the morning rush hour.

Villarreal claimed that she suffered an aggravation of bulging discs at L4-5 and L5-S1, as well as a sacroiliac joint dysfunction, right shoulder sprain, thoracic/lumbar sprains and a right knee contusion.  Her medical bills totaled $12,163.

The defendant denied that she was negligent and claimed that Villarreal stopped suddenly and was holding a beverage. She also disputed the nature and extent of her claimed injuries and noted that photographs showed no damage to Zaragoza’s vehicle.  There were only minimal scratches to Villarreal’s car.

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The family of Paul Katuszonek has agreed to a settlement with Goldstar Foods Inc.  The case involved Officer Katuszonek, who was killed in a traffic accident in 2012.  The Katuszonek family brought a wrongful death lawsuit, claiming that the food distributor and long-haul trucking company that employed the driver was the cause of the fatal crash with the police officer.   

The driver of the truck was charged with vehicular manslaughter and  gross negligence, which is a felony.  He was also charged, as a truck driver, for driving more hours than allowed under federal law.  The truck driver was on the road for 23 hours with only 4 ½ hours of rest when the truck ran into the back of the officer’s vehicle at 55 mph. 

According to the National Highway Transportation Safety Administration (NHTSA), truck drivers who are over tired have caused more than 100,000 accidents on American highways and roads each year.  This results in approximately 40,000 injuries and 1,500 deaths.

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Liam O’Neill bought a 2000 GMC Jimmy SUV.  On July 3, 2001, his wife, Mary, was driving home in the SUV when the vehicle suddenly stopped.  She was in the eastbound lane of a 2-lane street.  Mary attempted to restart the SUV several times but it would not start.

She called a tow truck and her husband came out to help her push the SUV off the road. Mary then turned on her hazard lights and Liam pushed the car on the driver’s side, while steering. Mary pushed from behind.

While the O’Neills were trying to move the SUV, a car driven by Raymond Martin struck the rear of the SUV.  Liam was knocked to the ground and Mary’s legs were pinned between the two vehicles, which led to her legs being amputated above the knee.  Other cars had passed the O’Neills’ SUV while it was stopped without incident. The weather was clear and there were no visual obstructions or obstacles that hindered a view of the O’Neills’ stalled vehicle. 

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