Staten Island Man Dies After Potential Police Brutality Incident

     There is no question that Police Officers, in general, are brave, respectable individuals who put their lives on the line to protect us all. Unfortunately, there are a small number of police officers who have abused the authority and power given to them and hurt, or even killed, the citizens they were sworn to protect. These incidents, however uncommon, can be so disturbing that the stories spread throughout the community and can result in severe distrust for members of the police force. Recently, an incident occurred in New York City which has brought the discussion of police brutality.

     On July 17, 2014 a 43-year old Staten Island man, Eric Garner, died after an encounter with New York City police officers. A number of NYPD officers approached Garner regarding an investigation into the illegal sale of cigarettes. Witnesses stated that an argument broke out between Garner and the officers, and at some point one of the officers placed the asthmatic Garner in a chokehold. Garner reportedly fell to the ground and passed out after telling the officer he could not breath. He was pronounced dead later that evening at Richmond University Medical Center, although the cause of death has yet to be determined. The incident was filmed by witnesses, a copy of the video (Warning: May be disturbing) can be found here.

     During a press conference with New York City Mayor Bill de Blasio and New York City Police Commissioner William J. Bratton, Commissioner Bratton stated that it was against NYPD policy to use chokeholds, even when interacting with individuals who may be resisting arrest. This incident has prompted an investigation into the cause of Garner's death and the possible violation of Garner's civil rights by the officers. Some have accused these officers of using excessive force against Garner, and the incident has sparked anger in the community against the NYPD.

    Regardless of the result of the investigation into the Garner incident, there are certainly incidents in which police officers have abused their power and violated citizens' civil rights. If you, a friend or a loved one has been the victim of excessive force, false arrest, illegal search and seizures, or any other civil rights violation by a member of the police, it is recommended that they talk to a licensed and competent attorney.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

   

New Year's Resolutions 2 of 5: Cut Back on Drinking - Illinois Dram Shop Basics

     For Part 2 of Eckert & Smestad's 5-part blog series based upon common New Year's Resolutions, we focus on the basics of Illinois Dram Shop, or alcohol liability, laws.  For many, New Year's is a time to promise to focus on health, which commonly takes the form of reducing one's consumption of alcohol.  This can certainly be beneficial for many obvious reasons, including the fact that the consumption of an excess amount of alcohol can result in risky behaviors which may themselves cause injury to others.  Many states, including Illinois, has enacted laws allowing injured third parties the right to recover compensation for such injuries from establishments which sell or distribute alcoholic beverages.  These laws are known as dram shop laws.

     The Illinois Liquor Control Act of 1934 (Illinois' Dram Shop law) allows an injured third party (meaning not the intoxicated individual causing the injury, nor the liquor-selling establishment) may collect financial compensation from a bar, restaurant, etc. for injuries which were caused by an intoxicated customer.  An example of such a situation would be if John's Bar sells numerous cocktails to Mark, who then leaves John's Bar, gets into his car, and while driving home, strikes a pedestrian with his vehicle, causing the pedestrian to suffer severe injuries.  Under the Illinois Liquor Control Act, the pedestrian would have the right to file suit against the owners of John's Bar, as well as the owners and/or lessors of the property on which John's Bar is located, for getting Mark intoxicated, which ultimately resulted in the pedestrian's injuries.  

      There are certain elements which the injured party must prove before his or her right to compensation is established: 1. He/She was in fact injured; 2. The injuries were caused by an act of the intoxicated person; and 3. The defendant establishment (bar, restaurant, etc) provided the alcohol to the intoxicated person which resulted in his/her intoxication. 

     The Illinois Liquor Control Act also limits the amount of money an injured individual may recover from a defendant establishment for these injuries and/or property damage.  For any incident which has occurred after January 20, 2014, a plaintiff may recover up to $64,017.86 for personal injury and/or property damage from the defendant establishment (see here).  Additional funds may be available from other parties, including the intoxicated individual him/herself.  

     It is important to note, however, that there are relevant time limits for which an injured party must bring suit, per the applicable Statutes of Limitations. 

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

Winter Comes to Chicago, and Brings Dangerous Driving Conditions

     For most people in the Chicago area, just taking a look outside will make it clear: winter is here. On Sunday, December 8, 2013, Chicago received its first snow of the season. Some predictions stated that Chicago was expected to receive between 1 and 3 inches of snow. Now while that may not seem like a large amount of snow, it can have a major impact on the roads, on travel conditions, and on the safety of motorists and pedestrians alike while traveling.

     It is important to recognize that driving can be hazardous even when the weather is ideal. As of December 8, 2013, the Illinois Department of Transportation (IDOT) states that there have been 835 reported fatal car crashes, resulting in 927 fatalities, which is higher than the number of fatalities to date last year (statistics can be found here). When adverse weather conditions, such as snow, sleet, black ice, and rain are added to the mix, the dangers of collisions resulting in injury or fatality increase because the distance required to bring a vehicle to a stop dramatically increase with such weather.

    To best prepare for winter driving conditions, it is important to winterize your car. It is advisable to schedule a maintenance check of your vehicle to check tire pressure, your tires' treads, the battery, belts, hoses, radiators, oil, brakes, etc. It is also advisable to:

          1. Increase the distance between your vehicle and vehicles or objects in front of you;
          2. Decrease the speed at which you are traveling;
          3. Be careful when driving over bridges and overpasses, as they freeze before the main road;
          4. Keep your lights on to increase your visibility;
          5. Keep your windshield and wipers clean:
          6. Use lower gears when driving to increase road traction;
          7. Whenever possible, brake gently as opposed to braking hard; and
          8. Keep supplies in your car in case of an emergency, such as a charged cell phone, blankets, road flares, or a first aid kit.

    Drive carefully this winter, and this holiday season.  Safe driving can help to guarantee more time with your loved ones this holiday season. And as always, if you or someone you know does have an accident, know your rights and find a licensed, competent attorney.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

Questions Remain About Cause of Devastating and Deadly Train Crash in New York

     New information regarding the Metra train derailment on Sunday, December 1, 2013 has come to light. According to investigators, the train was traveling at least 82 mph as it approached a curve near the Spuyten Duyvil bridge where the train derailed at approximately 7:22 a.m. The speed limit at the curve was only 30 mph. According to the investigators, the engineer, a 20-year-veteran, had the brakes fully applied for only 5 seconds prior to the derailment.

     According to  the National Transportation Safety Board member, Earl Weener, the throttle of the train was fully engaged only 6 seconds prior to the derailment.  In Weener's opinion, the brakes should have been fully applied earlier. 

     However, investigators have stated that it is unclear at this time whether human error or defective equipment was to blame for the crash. The investigation has yet to uncover whether the brakes failed or whether the engineer simply failed to slow the train down in time. In a statement made shortly after the incident, the train's engineer stated that he attempted to brake before the train hit the curve, but the brakes were not working properly. According to Senator Charles Schumer, D-N.Y., it is too early at this time to make any conclusions about the train's excessive speed at the moment of derailment. 

    Investigators are also looking into whether additional safety measures, which are available to the New York commuter train system, would have helped to prevent this tragic accident. As of approximately 11:30 pm CT on Monday, December 2, 2013, at least 19 injured people remained hospitalized after the derailment.

Information contained within this article can be found here and here. 

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

Eckert & Smestad Represents Injured Party in the Bartlett Metra/Semi Collision and Derailment of Oct. 21, 2013

     Late in the afternoon on Monday, October 21, 2013, a Metra communter train, Train Number 2242, was struck by a semi-truck carrying a load of cars as the train crossed the intersection near Western and Bartlett Roads in Bartlett, Illinois.  The collision derailed the train, and threw debris, including cars, a great distance from the point of impact. Witnesses stated that they heard a loud crash sound, followed by the sight of debris flying in the air near the intersection.

     Fortunately the truck driver was able to clear the cab of his truck from the tracks before the impact, and no fatalities were reported as of the present date. However, several injuries were reported by commuters riding on the train at the time of impact. A collision between two such large, heavy vehicles, such as a train and a semi-truck, is highly likely to result in injuries. For more details on the story, see article here.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

Unfortunate Day in Chicago Results in 2 Hit-And-Runs in 2 hours

        Although many people work hard at taking care to keep themselves and others safe, we all know that sometimes the worst can happen, despite our best efforts.  This was the case on October 2, 2013 for two pedestrians in Chicago who were victims of two separate hit-and-run auto collisions on West Fullerton Avenue.  Both pedestrians suffered severe personal injuries.

        At approximately 6:05 p.m., a male in his 30s was struck by a red car near the intersection of West Fullerton and North Leclaire.  He survived the collision, and was taken to Advocate Illinois Masonic Medical Center for treatment for severe injuries suffered in the collision.  The driver of the red car turned himself in to authorities hours after the incident.

        Just over an hour later, at about 7:30 p.m., a 17 year old female pedestrian was struck by a black pickup truck as she crossed the street near West Fullerton and North Lawndale.  The victim also survived; however, she too suffered severe injuries and was taken to Advocate Illinois Masonic for treatment.  As of the last report, the identity of the driver of the black pickup remains unknown, and no arrests have been made in connection with this incident. (SOURCE: CBS Local).

      In addition to any criminal charges these drivers may face, they both may face hefty civil suits for personal injuries suffered by the victims.  Illinois law is generally quite favorable to pedestrians involved in motor vehicle accidents.  As always, if you, or someone you know, has been struck by a vehicle or otherwise injured in an automobile accident, it is important to know your rights, and is always advisable to seek the advice of a competent, licensed attorney.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

What can you do if you're involved in an accident on a bus, a train, or other mass transit?

     In light of the news coming out of Chicago this morning, in which two of the Chicago Transit Authority's "el" trains collided, many questions may be raised relating to what you should do if you are ever involved in a similar situation. (see 33 Injured after 2 CTA trains crash)

     If you, or a loved one, is ever involved in such an incident, the first thing is to make sure you and/or your loved one is ok. Check for any injuries or pain, and if any injuries or pain are present, make sure to call an ambulance or seek immediate medical attention.

    Second, you should know your rights after being involved in such an incident. If you are injured in a collision on a bus, train, or any other mass transit system, you have the right to recover financial compensation for your injuries, the pain and suffering related to your injuries, any disfigurement and disabilities related to these injuries, and for the impact these injuries can have on your life. However, it is your job to assert your rights; no one will do it for you without action on your part.

    Mass transit operators, such as the Chicago Transit Authority, owe a duty to all their passengers to operate their vehicles and manage their systems in a reasonable manner for the safety of its passengers and other foreseeable parties who may be injured. It is always advisable to seek out the advise of an attorney experienced in these types of cases as soon as possible. Remember, there are laws that limit the amount of time you have to file a claim, and with mass transit systems owned or operated by government entities, that time limit may be shorter than you think.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

6 Things to Watch Out For When Shopping For Auto Insurance

6 THINGS TO WATCH OUT FOR WHEN

SHOPPING FOR AUTO INSURANCE

    A recent article was posted on NBCnews.com talked about the possibility that some Auto Insurers may be gouging their customers based upon their status as blue-or-white-collar professionals or their level of education  (article found here). This article, whether true or not, attempts to shine the light on the inner workings of the auto insurance industry. Although millions of US citizens spend billions of dollars each year on auto insurance, many of them don't understand how these companies work, or really what they are purchasing. This can make it hard to know exactly what it is you are purchasing, and why you are giving them your money. 

   When shopping for a new auto insurance policy, it may be difficult to know what makes one insurer better for you than another. We have provided some tips to keep in mind while shopping for an auto insurance policy that fits your needs. While reading this, keep in mind what auto insurance is designed to do: protect you, your property, and your assets when accidents happen resulting in property damage or personal injury. While auto insurance is designed to protect you, each policy and each provider is different. Here are a few things to keep in mind when shopping for auto insurance:

     1.   HOW MUCH PROTECTION DO YOU NEED? This is different for each person. Your level of protection is reflected in the liability limits of your policy. The liability limits will tell you the maximum payout for an accident for personal injuries suffered by an individual or individuals and for property damage. To figure out how much liability coverage you need, first look to your State laws to determine if there is a State Minimum Liability Limit required for all drivers and vehicles (which can be found here). For example, in Illinois, the state minimum coverage is 20k/40k/15k. This means that, under a policy with the minimum limits, an individual who is injured in an auto accident can recover a maximum of $20,000.00, a group of individuals who are injured can recover a maximum of 40,000.00, and a maximum of $15,000.00 can be recovered for property damage. 

     For most individuals, it is advisable to have higher liability limits for a few reasons. First, if you yourself are injured in a car accident, you may be able to recover under your auto insurance policy, but you are subject to the same limits. Meaning if your medical bills exceed your $20,000.00 limits, you are going to be stuck paying the excess bills yourself. Second, if in the unfortunate yet common occurrence happens where you are at fault for a car collision resulting in personal injury, the injured party can recover from your auto insurance policy up to the policy limits. Again, if the injured individual's medical bills or injuries exceed your policy limits, the individual may seek to sue you personally to recover the excess value of their injuries. In general, the higher the policy limits, the more protection it provides. 

     2.   WHAT DOES YOUR DRIVING RECORD LOOK LIKE? Your driving record will reflect the rates you can get, and level of protection you require. In general, the more tickets, citations, and collisions you have on your record, the higher your premiums may be, and likely the higher level of protection you may need. Although it may not be true, the assumption is that the more accidents and tickets you have on your record, the more likely you are to be involved in a collision in the future. If you don't have your driving record with you, it can be obtained from most States' Department of Motor Vehicles. 

     3.   SHOP AROUND FOR COMPETITIVE RATES AND DISCOUNTS. Find something that you can afford. Different insurance companies charge different rates for similar policies, and many will provide discounts for safe driving, paperless billing, car safety features, or other situations. There is no point in paying more than you have to when there are cheaper rates or discounts available, provided you are getting the protection you need. When shopping for affordable rates, you have to remember that you are buying protection. Saving a few hundred dollars a year isn't worth it if you have to pay thousands out of pocket later in the event the unfortunate happens.

     4.   WHAT IS THE INSURANCE PROVIDER'S REPUTATION? When you purchase auto insurance, you are putting your trust in another entity. Every state and the federal government has passed extensive legislation governing the insurance industry to ensure that their customers' interests are protected, an insurer with a good reputation, and few complaints will be much easier to deal with. Vehicle collisions are stressful enough without adding the stress of dealing with difficult customer service from your insurer. Some things to look for include customer complaints, poor credit ratings, customer satisfaction ratings, and financial strength ratings. You can contact an independent insurance agent to find out this information, or you can find it at the National Association of Insurance Commissioners, A.M. Best, Consumer Reports, and JD Power and Associates.  Also don't forget to ask your friends and family who may have had some experience with those insurers.

    5.   HOW DOES YOUR INSURER DEAL WITH CLAIMS? In the event of a collision, this is something that will have a massive impact on your life. Does your insurer have a policy of honoring claims in good faith? Do they have a reputation of rejecting or fighting all claims? What are their standard requirements before claims are honored? While the vast majority of insurers will conduct independent investigations into most claims to ensure that the claim is covered, some will honor claims quicker and with less hassle than others. Less hassle means less money and time spent by you trying to recover.

    In the event that you are involved in a car accident and are injured, you may file a claim against your own policy. If your insurer has a reputation of honoring claims in good faith, this can be a quick, and even pleasant experience for you. These insurers will recognize when a claim falls under their policy, will recognize the value of the claim, and will pay out the applicable benefits quickly and painlessly. This is the same for these insurers for claims by other individuals who may have been injured in collisions for which you are at fault. Once this is done, the claim is over, and you can move on with your life.

    However, not all insurers treat claims this way, and many , it would seem, do not have your best interests at heart. For the insurers that have a reputation of fighting and denying most claims, these scenarios play out much different. If you are injured, are covered by one of these insurers, and file a claim with them, it can be months, even years, before any benefits are paid out. You may have to hire and pay an attorney, take hours out of your day to give repeated sworn statements and depositions, pay for arbitrators or court filing fees, and appear in court or arbitration before the insurer is willing to honor the otherwise legitimate claim and pay you your benefits. This plays out the same when others are injured by you in a collision. If your insurer is denying someone else's claim, this is usually when lawsuits get filed, and you have to spend your time in court. Further, in many states, insurers are required by law to negotiate on behalf of their insureds in good faith. In Illinois, if they deny an otherwise legitimate claim by someone, or fail to make a reasonable settlement offer, and the injured party obtains a verdict in excess of the policy limits at trial, they can come after your personal assets to satisfy the excess verdict. This is exactly what you are paying your insurer to protect you from. 

     6.  REVIEW YOUR CONTRACT AND ASK QUESTIONS. Finally, make sure you review your insurance contact before you sign. This should contain all the information about your policy and your requirements as an insured. If you have any questions, or if something seems unclear, ask questions, and if you are not satisfied with the answers, you can seek out the advice of an attorney.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.