Articles Posted in Personal Injury

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As a part of the City of Naperville’s Comprehensive Transportation Plan, the Naperville Pedestrian Plan (“Plan”) was created to design and implement policies, practices, and programs that promote a safe pedestrian experience and limit pedestrian accidents. The Plan also recognizes that there are many different pedestrian experiences and paths of travel. For instance, the Naperville Riverwalk is located west of Naperville City Hall in Riverwalk Park. The Riverwalk is pedestrian friendly and has very little interference from motorists or other uses. In a different section of Naperville, the Naperville Historic District is located north of North Central College. The Historic District is a highly mixed-use neighborhood with motorists, crosswalks, stop lights, Ellsworth Elementary School, First Congressional Church, Community United Methodist Church, many local business, etc. These areas represent different and unique pedestrian needs and desires.

Policies and Practices

In order to effectively develop and coordinate Naperville’s varying pedestrian needs, Naperville has developed a rubric of policies and practices to be considered when undertaking a pedestrian project.
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On June 1, 2011, construction began on the Butterfield Road (IL Route 56) widening project. Upon the project’s conclusion, approximately six miles of Butterfield Road, from Naperville Road in the City of Wheaton to Route 59 in the City of Warrenville, will be widened from two lanes to four. The project will also include updated intersections, additional turning lanes, and additional lanes at the major cross streets of Wiesbrook Road, Orchard Road, and Naperville Road to improve capacity at Butterfield Road intersections. According to the Daily Herald, the project is scheduled to conclude in the fall of 2012.

Butterfield Road Car Accidents

When planning the project, the Illinois Department of Transportation conducted a crash analysis on the section of Butterfield Road to be improved. The IDOT study found a total of 670 accidents on this stretch of Butterfield Road. The study found that 88% of the accidents were rear end collisions and turning accidents. The study also investigated eight intersections along Butterfield Road, including: IL Route 59, Batavia Road, Winfield Road, Wiesbrook Road, Orchard Road, Cromwell Drive, Naperville Road, and the Danada Square and Naperville road intersection. From 2004 through 2006 there were 387 accidents at these intersections, causing 83 personal injuries. Again, approximately 90% of the accidents at these locations were rear end collisions and turning accidents. The road widening and updated intersections are designed to lower the number of car accidents, truck accidents, and motorcycle accidents that occur on Butterfield Road.
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Under the Illinois Animal Control Act, a plaintiff seeking to recover injuries from the result of a dog bite must prove: “(1) an attack by defendant’s dog; (2) injury to plaintiff; (3) absence of provocation; and (4) that plaintiff was conducting himself peaceable in a place where he had a legal right to be.” Stehl v. Dose, 83 Ill.App.3d 440, 443 (3rd Dist. 1980). The third element of this burden, absence of provocation, can be a complex area of the law. In Nelson, provocation was initially defined as “an act or process of provoking, stimulation or incitement.” Nelson v. Lewis, 36 Ill.App.3d 130, 131 (5th Dist. 1976).

Since the Nelson decision, subsequent Illinois Appellate Court decisions have provided some as to what actions constitutes provocation. For example, the court in Stehl v. Dose also stated that a determination of provocation is “primarily a question of whether plaintiff’s actions would be provocative to the dog.” Stehl at 443. In addition, this standard takes into account both “what a person would reasonably expect, and how a normal dog would react in similar circumstances.” Kirkham v. Will, 311 Ill.App.3d 787, 794 (5th Dist. 2000). An unintentional or accidental act can sometimes create provocation, however “where the acts which stimulated or excited the dogs were unintentional … no provocation can be said to exist within the meaning of the statute if the acts cause the dog to attack the plaintiff viciously, and the vicious act is out of proportion to the unintentional acts involved.” Wade v. Rich, 249 Ill.App.3d 581, 589 (5th Dist. 1993).
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Naperville city planners expect Naperville’s population to grow to 155,000 by the year 2020. This population growth sparked the Naperville City Council to create the Comprehensive Transportation Plan (the “Plan”), which represents the desire to maintain mobility and safety throughout the City of Naperville.

The City of Naperville’s Comprehensive Transportation plan has 14 component parts. They include:

1. Master Thouroughfare Plan 2. Trip Reduction Plan 3. Transit Plan 4. Pedestrian Plan 5. Bicycle Plan 6. Neighborhood Traffic Mitigation/Calming Plan 7. Traffic Safety Plan 8. Traffic Enforcement Plan 9. Intelligent Transportation Systems Plan 10. Truck Route Plan 11. Air Quality and Noise Management Plan 12. Coordinated Roadway Improvement Plan 13. Arterial Landscape Plan 14. Parking Plan Continue reading

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The Kane County 2040 Transit Plan (the “Plan”) represents the long-term plan for Kane County’s transportation future. The Plan is designed to meet Kane County’s transportation needs until the year 2040.

The Plan takes into account the varied transportation needs of the county–from the rural areas in the western part of the county to the urban areas to the east. With Kane County’s population projected to rise by nearly 300,000 people over the next 30 years (most of which will occur in the urban areas in the eastern part of Kane County), the Plan seeks to balance the transit needs in the rural areas with those needs in the urban areas.
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Although amounts vary, nearly every state, including Illinois, requires minimum vehicle liability insurance. The mandate is designed to protect people from the risks posed by uninsured drivers. The reality, however, is that there are many uninsured motorists on the roads. Considering the most common personal injury claims arise from traffic accidents, the risks posed by uninsured motorists cannot be overstated. Unless the proper steps are taken, a relatively straightforward process can become an expensive, time-consuming endeavor, resulting in unpaid medical bills and a judgment-proof defendant.
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A motor vehicle accident or pedestrian accident can be a traumatic experience and has the potential to cause painful personal injuries, such as a broken bones, painful back injuries, or head injuries. In 2010, there were approximately 89,000 persons injured in motor vehicle crashes in Illinois. This means that nearly ten people are injured in motor vehicle accidents every hour.

When an injured person incurs medical bills for treatment of injuries related to the accident, it is important to understand what may be required in order to obtain reimbursement. In Wills v. Foster, the Illinois Supreme Court held that Illinois follows the “reasonable value” approach in determining whether a plaintiff is allowed to recover their medical bills. In presenting medical bills as evidence, there are several potential pitfalls that a plaintiff should consider.
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When a motor vehicle accident occurs, there will invariably be physical damage to the motor vehicles. It is common for the cars involved in an accident to be photographed at the scene of the accident. Such photographs are often helpful in demonstrating the severity of the collision at trial. However, the photographs are not automatically admissible at trial to prove injuries or damages. Illinois Appellate Courts have wrestled with this question for years, and the Illinois Supreme Court has yet to clearly resolve the dispute.

Formerly, photographs depicting damage to a vehicle were admitted into evidence as long as the attorney laid the proper foundation. In Cancio, the Court found that although photographs of the plaintiff’s vehicle revealed little damage, they were relevant and helpful for the jury to consider in determining the extent of the plaintiff’s injuries. Cancio v. White, 697 N.E.2d 749 (1st Dist. 1998). In DiCosola, the Illinois Appellate Court ruled that the trial court had the discretion to keep photographs out of evidence, especially without the use of expert testimony. DiCosola v. Bowman, 794 N.E.2d 875 (1st Dist. 2003).
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Any number of injuries, including birth injuries, brain injuries, spinal injuries, and even death, can be caused by a hospital’s mistake, a doctor’s misdiagnosis, anesthesia complications, a physician’s incompetence, and other causes. In Illinois, malpractice actions (lawsuits for negligence) against physicians, psychologists, podiatrists, dentists, hospitals, naprapaths (health care professionals focusing on non-invasive manual techniques), or any physicians licensed to treat people without the use of drugs or surgery must follow the strict procedural guidelines set forth in Section 2-622 of the Illinois Code of Civil Procedure.

Designed to prevent frivolous lawsuits, like many similar state statutes, Sec. 2-622 requires an attorney to first consult with a medical professional before filing the complaint in a court of law. In order to properly initiate the lawsuit, the attorney must attach an affidavit to the Complaint declaring that the attorney has consulted with a medical professional who has reviewed the plaintiff’s injuries and believes the Plaintiff has a meritorious cause of action. A written report from the physician, setting forth the basis for the professional’s opinion, must also be attached.
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According to the Kane County Division of Transportation, the running of red lights remains one of the major causes of car accidents. Nationwide, nearly 1,000 people are killed and approximately 178,000 are injured when vehicles crash as a result of negligent drivers running red lights.

The Illinois legislature empowers each county to regulate its streets and highways. In 2006, the Illinois legislature went further, allowing for red light cameras at high volume intersections. Kane County, DuPage County, Cook County, Lake County, and Will County, are among the Illinois counties permitted to install establish automated traffic law enforcement systems (red light cameras). Designed to capture a motor vehicle’s license plate, red light cameras take a digital photo of a motor vehicle entering an intersection while the red light signal is illuminated.
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Contact Information
Naperville Office
1730 Park St #201
Naperville, IL 60563
Phone: (630) 527-4177Fax: (630) 527-4178
St. Charles Office
1700 Lincoln Hwy #G
St. Charles, IL 60174
Phone: (630) 524-2323

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