Do accident lawsuits go to court or trial?

The short answer is yes. Courts in Illinois allow plaintiffs, who are also victims of a crime, to use the criminal conviction of the defendant in a case for damages based on the criminal conduct for which the defendant was convicted. Illinois judges will not allow a plaintiff to use a criminal conviction in every case. However, if your judge allows you to use the defendant’s conviction as proof that he or she is liable for damages, you will have a tremendous advantage at trial because that ruling will relieve you, the plaintiff, from having to prove that the defendant acted negligently or wantonly. Therefore, it is essential for your Illinois car accident lawyer to fight hard to persuade the trial judge to admit evidence of the defendant’s civil conviction.

Illinois courts take advantage of the legal doctrine of collateral estoppel as often as possible. The legal doctrine of collateral estoppel keeps parties fromre-litigating identical claims that courts previously resolved. Illinois judges may permit the useof a criminal conviction as collateral estoppel in civil trials if the following three elements are satisfied. First, the criminal case must be completed. In other words, there must be a final judgment. A final judgment in a criminal case is a verdict of guilty or a plea of guilty. Secondly, the defendant in the criminal case must also be the defendant in the civil case. Finally, the judge must weigh the level of unfairness of allowing the plaintiff to use the defendant’s prior conviction against preventing the defendant from defendant his or her case at a civil trial.  If the criminal case didnot reach the final judgment stage, then it would be unfair to allow the plaintiff to use the conviction against the defendant in the civil case because of the change that an appellate court might overturn the defendant’s convictionin criminal court.

Also, the defendant must have the opportunity to present relevant defenses in the criminal trial that would be relevant to the civil trial. If not, then the plaintiff cannot use the conviction.

See:Enadeghe v, Dahms

If you or a loved one have been harmed in an auto crash, contact Stein & Shulman, LLC Today

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Have you been injured or was a family member harmed due to an accident in Illinois, receive your free accident case review with one of our car accident and personal injury lawyers in Chicago, Illinois. You can receive a case consultation at no cost to you by calling our office at (312) 422-0506.

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Call 312-422-0506 if injured in an accident.

UNITED STATES – September 13, 2018 (reuters.com) According to an online article from reuters.com, auto manufacturer General Motors Co is recalling 1.2 million pickup trucks and SUVs because of a defect in the vehicles’ power steering modules.

The defect involves the electronically controlled power steering on the vehicles, which can momentarily lose power then suddenly come back on, causing drivers to have serious issues steering. The abrupt loss of power steering and reactivation it can cause drivers to lose control of their vehicles and can lead to accidents. The defect is caused by a software issue in the electronic power-steering module.

GM reports that the defect in the power steering has been linked to 30 crashes and two injures to date. No fatalities have resulted from the crashes, however. The recall applies to 1.2 million vehicles worldwide and slightly more than 1 million in the United States. The following GM vehicles are included in the recall, all from the year 2015:

  • Chevrolet Silverado 1500
  • GMC Sierra 1500
  • Chevrolet Suburban
  • Chevrolet Tahoe
  • GMC Yukon
  • Cadillac Escalade

Owners of affected vehicles will be able to bring their vehicles to local dealerships to update the software to resolve the problem at no cost to the owners. GM has not released information about how much it expects the recall to cost the company. This is the second recall GM has had to implement because of power steering issues. In 2017, the automaker recalled about 800,000 pickup trucks due to the same type of power steering defect.

To check whether your vehicle is subject to an active recall right now, you can visit the website for the National Highway Traffic Safety Administration. By entering your VIN in the website, you will receive information about current recalls and how to proceed to ensure your vehicle’s safety.

If you or a loved one have been harmed in an auto crash due to a recalled automobile or defective auto part, contact Stein & Shulman, LLC Today

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Have you been injured or was a family member harmed due to an accident inIllinois, receive your free accident case review with one of our recalled GM power steering accident lawyer in Chicago, Illinois. You can receive a case consultation at no cost to you by calling our office at (312) 422-0506.

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Chicago Pedestrian Accident Lawyer

ARLINGTON HEIGHTS, Ill — A 63-year-old man succumbed to his injuries Wednesday, September 5, 2018, after he suffered critical injuries after colliding with an open car door while riding his bicycle. According to the Arlington Heights Patch, the crash happened on Tuesday, September 4, 2018, at approximately 11:54 a.m. There is no word from police whether the owner of the car that the cyclist struck will face any criminal sanctions at this point. The case remains under investigation.

A woman who owns a 2015 Kia Optima left her driver’s side car door open as she removed items from the vehicle. Her decision proved to be fatal to 63-year-old Glenn Richmond, formerly of Arlington Heights. The cyclist crashed into the open door. The crash resulted in him suffering life-threatening injuries.

The woman, whom police refused to identify, parked her car on the east side of North Dunton Avenue, in the 1400 block. The area in which the crash happened in just south of the intersection with Thomas Street. The pedal cyclist had just completed his turn south from Thomas Street to North Dunton Avenue when he slammed into the car door and the driver of the Kia Optima.

Police from Arlington Heights said that Mr. Richmond was not wearing a helmet at the time of the crash. The collision with the parked car violently threw him to the ground. The man’s head impacted the ground hard, andhe suffered traumatic head injuries. It appears that the man’s head trauma killed him. The Arlington Heights police department was awaiting an official cause of death from the Cook County Coroner’s Office. The autopsy was scheduledfor Thursday,and the investigating offices did not release the official cause of death.

According to statistics archived by the Illinois Department of Transportation, bicycle accidents accounted for 1.1 percent of all crashes that occurred in 2015.

If you or a loved one have been harmed in any type of accident, contact Stein & Shulman, LLC Today

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Have you been injured or was a family member harmed due to an accident in Illinois, receive your free accident case review with one of our Pedestrian Accident Lawyers in Chicago, Illinois. You can receive a case consultation at no cost to you by calling our office at (312) 422-0506.

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Brain Damage Settlements in Illinois

TINLEY PARK, IL- Patch.com reports that a 30-year-old man died after jumping off an overpass onto Interstate 80. The man was struck by multiple vehicles.

The incident occurred a little after 10:00a.m. on Wednesday, September 5, 2018. The victim was identified as Emad Mahmoud. Emergency responders rushed Mahmoud to the hospital via airlift, buthe waspronounced dead. The eastbound lanes of I-80 were shut down for several hours from Harlem Ave. to LaGrange Road. The interstate was opened again by 12:00 p.m.

Suicides by jumping in front of traffic are not common, but when they occur the impact on the unsuspecting drivers can last a lifetime. In 2009, there were 36,909 reported suicides in the United States. Out of those, fewer than 1 percent were the result of a person jumping in front of traffic.

In many cases, the vehicle chosen is a semi truck. Because this type of suicide is so rare, drivers who experience this type of trauma do not have many resources that are designed to help them cope with what happened to them and with the fact that they were unwillingly dragged into another person’s suicide.

The reactions from drivers vary. Some drivers are able to move past the incident understanding that it was not their fault. In some cases, truck drivers have found that they are no longer able to drive trucks after having hit a person, even in a situation where there was nothing they could have done to avoid doing so.

Drivers who are involved in pedestrian suicides are urged to seek help from their doctors as the emotional and mentalimpact of these incidents can be devastating.

If you or a loved one have been harmed in an accident, contact Stein & Shulman, LLC Today

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Have you been injured or was a family member harmed due to an accident in Illinois, receive your free accident case review with one of our personal injury lawyers in Illinois. You can receive a case consultation at no cost to you by calling our office at (312) 422-0506.

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Call 312-422-0506 if injured in an accident.

ASHLAND COUNTY, Wisconsin — a 29-year-old mother of three is the lone survivor from a young family vacationing on the Great Lakes who ran into perilous trouble while kayaking. The woman’s husband and her three children all died from hypothermia after their kayak capsized. The heartbreaking tragedy happened on Thursday, August 30, 2018. The mother barely managed to survive according to NBCChicago.com.

Cari Mews, the lone survivor, her husband Erik Fryman took their three children, aged 3, 6, and 9kayaking in Lake Superior. The family rode in one large kayak as they traversed the Apostle Islands. The Apostle Islands are a popularlocation for people to take in nature by exploring cliffs, and the caves that attract explorers to the islands. The islands sit at the northernmost tip of Wisconsin.

According to NBCNews.com, the family was visiting Cari’s sister on vacation when they took the excursion. The Ashland County Sheriff’s office said that the kayak capsized somewhere between Michigan Island and Stockton Island around 4:00 p.m. The water in Lake Superior was a chilly 60 degrees.

Cari was able to send a text message to her sister. The cryptic writings said, “911” and “Michigan Island.” The text did not connect to its recipient until 8:30 p.m. due to poor cell service. Cari’s sister reportedly contacted the local emergency communications center and authorities began to investigate.

One of the investigating agencies, La Point Police, determined that the doomed family begantheir journey at Madeline Island in a kayak. After making that finding, authorities mobilized a search and rescue mission to find the family.

Rescuers fought a terrible thunderstorm and reducedvisibility during their mission. They found Cari around 10:00 p.m. on the western side of Michigan Island. Rescuers found the bodies of Cari’s husband and two of her children around midnight in the water. Searchers located the last family member about 10:00 a.m. the following morning after the child’s body washed ashore.

Several law enforcement authorities continue to investigate the incident.

If you or a loved one have been harmed in an auto accident, contact Stein & Shulman, LLC Today

Free, Instant Case Review – Call (312) 422-0506

Have you been injured or was a family member harmed due to an accident in Illinois, receive your free accident case review with one of our personal injury lawyers in Chicago. You can receive a case consultation at no cost to you by calling our office at (312) 422-0506.

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Do accident lawsuits go to court or trial?

CHICAGO — Officers from the Major Accident Investigation Unit of the Chicago Police Department have asked for the public’s help locating the driver who fled the scene of struck and seriously injured a man riding a stand-up mower according to WGNTV.com. Police ascertained information about the suspect car and obtained a license plate number. However, officers have not been able to identifywho was behind the wheel when the vehiclestruck the pedestrian.

Chicago police responded for calls for emergency service around 1:55 p.m. on Thursday, August 30, 2018. Police and rescue personnel raced to the crash scene located in the1200 block of South Halsted Street. Upon arrival at the scene, the police locateda 60-year-old man suffering from severe injuries. He was riding on a stand-up lawnmower when a person driving an older model Ford Crown Victoria collided with the man on the mower. The driver fled from the scene immediately.

Police obtained a photo of the suspect car from a surveillance camera. The Crown Victoria has extensive front-enddamage. From the picture, it appears that the front bumper is hanging off on the passenger’s side of the car.

Law enforcement officers recorded the license plate numberof the suspect vehicle. The plate numberis AJ81664 from Illinois.

Chicago police have asked for the public’s assistance with identifying the driver and locating the car in question. To that end, police ask that anyone with information about the crash come forward to speak with detectives from the Major Accident Investigation Unit. The direct line to the unit is 312-745-4521. There is no word on the condition of the man who was hit.

According to the American Automobile Association, one hit-and-run incident happens every single minute in the U.S.  Bicyclists and pedestrians are the most susceptible to being struck by a hit-and-run driver according to AAA. Incredibly, AAA calculated that 20 percent of all pedestrian fatalities involved hit-and-run drivers.

If you or a loved one have been harmed in an auto accident, contact Stein & Shulman, LLC Today

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Have you been injured or was a family member harmed due to an accident in Illinois, receive your free accident case review with one of our personal injury lawyers in Illinois. You can receive a case consultation at no cost to you by calling our office at (312) 422-0506.

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COLDWATER, Michigan — An 86-year-old cyclist died in a collision with a motor vehicle. The tragic accident occurred on Wednesday, August 29, 2018,just before 6:00 a.m. according to WWMT.com. The investigating law enforcement officers have asked for the public’s help in coming forward with information about the crash which could assist with the officer’s investigation.

The motorist, 53-year-old Blake Dymond of Coldwater, struck 86-year-old Joe Fyvie on East Chicago Street. From what law enforcement officers have been able to determineup to this juncture, it appears that Mr. Fyvie rode his bicycle in a southerly direction crossing East Chicago Street while Mr. Dymond was traveling in an easterly direction on East Chicago Street. The impact between the vehicle and cyclist happened near the intersection of Vans Avenue and East Chicago Street.

Police received the dispatch for an accident between a cyclist and motor vehicle at 5:54 a.m. First responders provided emergency treatment to Mr. Fyvie on the scene. Ambulance personnel from Life CareAmbulance transported him to Parkview Hospital in Fort Wayne, Indiana. Sadly, Mr. Fyvie succumbed to his injuries at the hospital.

The initial reports from police did not indicate several pertinent facts which would be helpful in determining what transpired before the vehicle impacted the bicycle. The police officers investigating the incident will consider the lighting conditions at the time of the crash. Additionally, accident reconstruction officers will consider whether Mr. Fyvie wore reflective clothing and wore a helmet. Additionally, police will investigate Mr. Dymond’s ability to drive that morning and take into consideration issues like distracted driving and fatigued driving.

Coldwater City Police are asking for help gathering additional information about the accident. They encourage anyone having information about the crash to call the police department to discuss what he or sheknows. Coldwater City police did not say whether they intend on issuing criminal charges.

If you or a loved one have been harmed in a pedestrian accident, contact Stein & Shulman, LLC Today

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Have you been injured or was a family member harmed due to an hit by car accident in Illinois, receive your free accident case review with one of our bicycle accident lawyers in Illinois. You can receive a case consultation at no cost to you by calling our office at (312) 422-0506.

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What does a personal injury lawyer charge in legal fees?

CHICAGO — An explosion at a South Side water treatment facility seriously injured ten people. The blast happened Thursday, August 30, 2018. Rubble buried two of the ten victims according to wgntv.com. Fortunately, none of the injuries were considered life-threading, andnone of the victims had to have limbs amputated. Notwithstanding, this was a traumatic event for all involved.*

The explosion happened at the Calumet Water Reclamation Plant located at 400 E. 130th Street. Authorities preliminarily believe that methane gas built up in the sludge treatment plant. The sludge treatment plant is the location of the facility in which the raw sewerage enters for treatment.

The explosion was so powerful that the blast tore the roof down, which subsequently fell inward and injured the workers. Eight workers managed to get out of the facility without assistance despite their injuries. Another two became trapped in the rubble. Firefightersand emergency responders managed to free the first of the trapped workers within twenty minutes of their arrival.

Rescuers had to fight long and hard to free the other worker. A fire commissioner told the media that the other person trapped under the collapsed roof was “entombed” in the rubble. By all accounts, the man was lucky to survive. Upwards of seventy rescuers dug for over two hours and went six feet down and forty feet across to locate the man. A large concrete beam fell on a leg and pinned him down. That leg was broken. The man also suffered a broken jaw.

Once freed, rescuers flew him to a local trauma center for treatment. He remained hospitalized. All of the other nine injured workers also went to area hospitals for treatment and evaluation.

Despite the explosion and damage to the treatment facility, the plant remains operational. Authorities are continuing their investigation and say that there is absolutely no threat to public safety as a result of this freak occurrence.

If you or a loved one have been harmed in any accident, contact Stein & Shulman, LLC Today

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Have you been injured or was a family member harmed due to an accident in Illinois, receive your free accident case review with one of our personal injury lawsuit attorneys in Chicago, Illinois. You can receive a case consultation at no cost to you by calling our office at (312) 422-0506.

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truck accident lawyers in Chicago.

EVANSTON, Illinois — One man is dead, andanother was seriousinjured in separate pedestrian accidents in Evanston on Wednesday, August 29, 2018, according to The Chicago Sun-Times. Police said the fatal crashwas a hit-and-run crash. The driver remained at the scene of the other pedestrian collision.*

The evening of August 29 was a dangerous night to be walking in Evanston. Around 8:30 p.m., Evanston Police received a 911 call for a wreck involving a pedestrian. The vehicle which struck the man fled from the scene of the accident. The person who died was a 66-year-old man from Chicago. Police did not identify him to the media initially pending notification of his next of kin.

According to the available police reports, at 8:20 p.m., the deceased walked in the eastern-most crosswalk at Howard Street and Chicago Avenue. Witnesses said that a man driving westerlystruck the man while in the crosswalk.

Rescue personnel rushed the man to Saint Francis Hospital in Evanston with critical injuries. The man died at the hospital. According to the Cook County Coroner’s Office, the man died from multiple blunt force trauma injuries to the head. The Coroner’s office ruled the incident an accident, rather than homicideor suicide.

The driver later turned himself in topolice in Chicago. Evanston police filed charges against him for leaving the scene of an accident resulting in death among other charges.

Around 9:30 p.m., in the area of the1300 block of Chicago Avenue, a 30-year-old man from Libertyville stepped out into the roadway and was struck by a passing car. The 30-year-old suffered critical injuries. Evanston rescue personnel transported the man to Evanston Hospital in critical condition. Physicians there stabilized him.

Police say that the driver who struck the 30-year-old man remained at the accident scene. Police did not take that person into custody at that time, andthere is no word as to whether police will charge that driver with any crime.

If you or a loved one have been harmed in an auto accident, contact Stein & Shulman, LLC Today

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Have you been injured or was a family member harmed due to an accident in Illinois, receive your free accident case review with one of our car accident lawyers in Illinois. You can receive a case consultation at no cost to you by calling our office at (312) 422-0506.

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Brain Damage Settlements in Illinois

JOLIET TOWNSHIP, Illinois — WJOL.com is reporting that a man from Shorewood died in a tragic workplace accident. The cause of the accidentand the circumstances surrounding the incident remain under investigation by the Occupational Health and Safety Administration (OHSA) as well as troopers from the Illinois State Police. The worker died from an apparent head injury.

Adrian Mejia was just 32 years old when he died in an accident at his place of employment. The workplace accident happened in the morning hours of Monday, August 27, 2018, where Mejia worked at AZZ Galvanizing Company off of Mills Road in Juliet Township. First responders evacuated Meiji and brought him to Silver Cross Hospital located in New Lenox. Tragically, physicians at the Silver Cross Hospital pronounced Mejia dead.

The Will County Coroner announced that Meiji died from what appears to be blunt force trauma to the head. According to reports, a component of construction material struck Mejia. The reports did not indicate whether Mejia wore any protective gear at the time the accident happened. The initial reports do not state whether Mejia or another AZZ employee may have been at fault for causing the fatal accident. Additional media reports suggest that a steel beam struck Mejia.

OSHA’s investigation centers on determining whether employer and employees followed the proper safety standards. OSHA’ investigators will dig deep into archives to determine if the employer trained its employees properly on the equipment to be usedand whether the employer’s safety protocol comply with industry standards for safety.

OSHA suggests that employers investigate fatal accidents and other accidents themselves to reveal shortcomings of the employer’s safety policies and procedures. Employers and employees alike will be able to close gaps in safety procedures. Employers can take corrective measures to fix the problems before more serious incidents occur, or another person gets killed at work.

If you or a loved one have been harmed in a fatal work accident, contact Stein & Shulman, LLC Today

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Have lost a loved one due to a dangerous workplace? Negligence of another? If so, call to understand your legal options and the right you need to protect by speaking with one of our fatal work accident lawyer in Joliet Township, Illinois. You can schedule a case consultation at no cost to you by calling our office at (312) 422-0506.

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