U.S. Capital

Wrongful Death Lawsuit Filed on Behalf of Pedestrian Killed in Accident

Mar 21, 2014

Chicago, IL (Law Firm Newswire) March 21, 2014 – A wrongful death lawsuit has been filed over an August 2013 accident in Jacksonville, Illinois that killed a pedestrian.

The lawsuit was filed on behalf of the estate of Caryn Thomas in Morgan County Circuit Court, naming as defendants Mitchell Smith, Jay Shirley and Jay Shirley, Incorporated.

According to the lawsuit, Thomas was on foot near the corner of Clay and Morton in Jacksonville when Smith, driving a semi-trailer owned by Shirley’s company, struck and killed her.

“Obviously, pedestrians are extremely vulnerable in car accidents. That means that collisions involving people on foot are much more likely to result in fatalities,” said Paul Greenberg, a Chicago wrongful death attorney not involved in the case. “In tragic circumstances such as these, a wrongful death lawsuit may be an appropriate way to seek compensation for the family of the deceased.”

The lawsuit claims that the defendants negligently operated the semi-trailer at an unreasonable rate of speed and without properly looking out for pedestrians. The complaint also alleges that the driver saw Thomas but failed to yield the right of way, and that he started the vehicle from a stationary position without first making sure it could be done safely. The lawsuit further claims that the defendants failed to equip the vehicle with proper brakes, failed to give an audible warning of the truck’s approach and failed to stop or change course when the truck was in imminent danger of striking Thomas.

According to the lawsuit, as a result of the defendants’ negligence, the semi-trailer struck and killed Thomas. The complaint alleges that Thomas’ heirs and next-of-kin sustained damages including mental suffering, grief, sorrow, and loss of support and companionship. The lawsuit requests more than $50,000 in damages.

In 2012 in Illinois, there were 274,111 motor vehicle crashes. 886 of those crashes resulted in one or more fatalities. There were a total of 956 traffic fatalities, and 139 of the people killed were crashes involved pedestrians accounted for 1.7 percent of crashes statewide. Nationally, there were 4,092 pedestrian traffic fatalities in 2009.

Learn more at http://www.briskmanandbriskman.com/practice-areas/wrongful-death/

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
Facebook: Like Us!
Google Places: Contact a Chicago personal injury lawyer from Briskman Briskman & Greenberg on Google Places!

  • New Headlight Technologies May Help Prevent Car Accidents
    Advances in headlight technology may help make cars safer and reduce the number of auto accidents worldwide. The Lighting Research Center (LRC) at Rensselaer Polytechnic Institute (RPI) is evaluating these technologies through its Transportation Lighting and Safety program, which examines approaches to driving safely at night. There is a greater risk for car accidents at […]
  • Thirteen Million Dollars Awarded in Birth Injury Lawsuit
    A Michigan jury has awarded $13 million to a woman who claimed that medical errors during childbirth left her daughter disfigured and unable to fully use her right arm. The large verdict was awarded September 27, 2013 to Libbey Bryson of Flint, Michigan after a 12-day trial. The defendant hospital indicated that it was considering […]
  • New Device Would Limit Teen Texting While Driving
    Texting while driving is a major safety issue for teens and adults. Now, the insurance company Esurance is introducing a program that parents can use to limit their children’s cell phone use while they are behind the wheel. The DriveSafe program operates in two parts. One element is a telematics device that can be installed […]
  • Messenger Establishes Employment Relationship in Workers’ Compensation Case
    The Illinois Workers’ Compensation Commission has found that a bicycle messenger was an employee of a courier service and was therefore entitled to benefits, despite an agreement stating that the messenger was an independent contractor. The case arose from an injury the bicycle messenger received when he was struck from behind by a vehicle while […]
  • Group Seeks to Reduce Diagnosis Errors
    The Society to Improve Diagnosis in Medicine is seeking to reduce diagnosis errors that lead to delayed or inappropriate treatments. Diagnosis errors are some of the most common of medical malpractice instances. Dr. Mark Graber is the founder and president of the society. He has stated that the group is pushing the Institute of Medicine […]

The Chicago Injury Alert Podcast