Neck and back injuries are very common in pedestrian accidents. They are not only very costly but also extraordinarily burdensome on the day-to-day lives of victims. Below we discuss how Illinois juries have evaluated pedestrian accident cases involving back and neck injuries. While these case summaries may be interesting from a historical perspective, we encourage you to contact our office for a free consultation to discuss your case.
STUART VS. TRAGER; WILL COUNTY; $150,000 SETTLEMENT
This accident involved a 45-year-old woman who was a clerk and assistance to a nurse. She was clipped in the rear by a car and thrown forward. From the accident, she suffered back and soft tissue neck injuries.
She claimed that these later complicated and resulted in recurring seizures. The defendant admitted to hitting the woman and causing her neck and back pain but denied that this was the source of her seizures. Both sides settled out of court for $150,000.
CARLSON VS. ENNIS; WINNEBAGO COUNTY; $364,890 SETTLEMENT
In this unfortunate and preventable incident, the defendant-driver started out the night by drinking a lot at a local golf club. He then get in his car and proceeded to drive home. However, before he could get far, he struck Ashley Simpson in a crosswalk.
The crash left her with extraordinary brain, neck, and back injuries. She sued him for driving while drunk, driving at a reckless speed, and failing to yield to her, amongst other allegations. She also sued the golf club for serving the driver beyond an intoxicated state under dram shop laws.
Both defendants denied all allegations. Specifically, the driver argued that the plaintiff crossed the street outside of the crosswalk and that she ran right out in front of his car. However, before the jury decide who was right, all parties agreed to settle: the driver and the plaintiff settled for $300,000; the golf club and the plaintiff settled for $64,890.
IBATA VS. STOHR; COOK COUNTY; $20,000 JURY AWARD
The victim in this case was struck in a crosswalk by a car as he tried to cross a busy intersection in Arlington Heights. As a result of the crash, he sustained significant fractures and other injuries in his neck. He sued the other driver for negligence.
The lawsuit alleged that the driver ignored traffic signals, was driving too fast, and did not yield to a pedestrian in a crosswalk. The defendant quickly countered that it was the plaintiff’s obligation to yield to him and that the plaintiff was not entitled to cross the street at the time anyways.
The jury found each of them equally responsible for the accident; thus, the plaintiff’s $20,000 jury award was cut in half. Also, the jurors awarded the plaintiff damages only for medical bills-not for pain and suffering or loss of normal life.
WADE VS. ROWAN; COOK COUNTY; $212,000 JURY AWARD
A pedestrian, Barrington Wade, was standing by his car when another vehicle came flying by and sideswiped him before he could enter. The traumatic incident left Wade with serious neck and back injuries as well as lacerations on the arms and legs.
He sued the driver, Kevin Rowan, who was driving the car involved in the accident. In the suit, he claimed that Rowan failed to reduce his speed and yield to pedestrians. He sought damages for medical expenses, property damages, disability, and pain and suffering. Rowan replied that Wade was exaggerating the extent of his injuries and made the affirmative defense that the Wade should have yielded to him instead.
On this controversy, the jury found for the plaintiff and awarded him $212,000 but also apportioned him 40% of the responsibility for the crash and this lowered his amount by that much-nearly $85,000!
GRIFFIN VS. VAZQUEZ; KANE COUNTY; $15,275 JURY AWARD
Here, a 37-year-old woman was walking down a side street when a car suddenly entered and hit her head-on. The collision resulted in extensive damage to the soft tissue in her neck.
She sued the driver for negligence arguing that he was driving too fast, did not keep a proper watch of his surroundings, and should have yielded to her. He response implied that there was enough distance between the two to avoid an accident but that she ran over to the area unexpectedly; however, the jury believed her and awarded her $15,275. [$3,800 for lost wages and $11,475 for medical bills].
Do You Have Questions About an Illinois Pedestrian Accidents Involving Back or Neck Injuries?
Rosenfeld Injury Lawyers LLC regularly represents pedestrians injured in accidents with injuries to their back and neck. Our attorneys have experience successfully litigated and settled similar cases and are ready to assist you or a loved one. Contact our Illinoispedestrian accident law firm for a free review of your situation.