Chicago Car Accident Lawyers Blog

The State Journal-Register reports that lawmakers are considering a number of new laws aimed at increasing traffic safety in Illinois. Last year, the most significant legislation to come out of the capitol was a law that banned text messaging by drivers and cell phone use in school zones and construction sites.

Laws being considered this year:

Crosswalk Safety

Toughening crosswalk safety, lawmakers are considering a law requiring motorists to stop at a crosswalk with a pedestrian in it in an effort to reduce Illinois pedestrian accidents. Currently, Illinois law uses the more ambiguous "yield" wording when dealing with crosswalks and pedestrians.

Supporters contend the law would be easier for authorities to enforce. The measure would apply to unregulated crosswalks, not those regulated by traffic signals or stop signs. Drivers who fail to stop would face a fine of at least $150.

Illinois Teen Drivers

Driving hours could be reduced for teenagers in an effort to combat Illinois car accidents involving teen drivers.

Proposed legislation would reduce by half an hour the amount of time drivers under 18 could be on the road on Friday and Saturday nights. Teen drivers would have to be off the road by 10:30 p.m. Currently, young drivers are not allowed to be on the road from 11 p.m. until 6 a.m. and between 10 p.m. and 6 a.m. during the week.

The measure has the support of the American Automobile Association.

“Friday and Saturday nights statistically are the most dangerous times of the week for teens to be driving,” AAA spokeswoman Beth Mosher said. “Research has shown that teen injuries and fatalities are reduced when the nighttime driving provision is set earlier.”

Excessive Speeding

A proposed law would not allow court supervision, a form of probation that can keep a citation off a driver's record, for motorists caught going more than 40 mph over the speed limit. Driving more than 40 mph over the speed limit is punishable by up to a year in jail and a $25,000 fine. However, an investigation by the media recently found more than half of drivers ticketed for driving 100 mph or faster received court supervision.

Under the proposal, drivers caught going 30 to 39 mph over the limit would also face serious consequences, including up to six months in jail and a $1,500 fine.

Illinois Bicycle Safety

A proposed law would toughen the penalty on drivers who cause an Illinois bicycle accident, pedestrian accident or accident involving a horse-drawn carriage. If a victim suffers serious injuries, a driver could face 2-5 years in prison and a $25,000 fine.

The law would also make it illegal to throw something at a bicyclist.

Interstate Speed Limit

A proposal to increase the speed to 70 mph on Illinois interstates will not become law after failing to make it out of the senate. The speed limit for semis was raised to 65 mph at the beginning of the year.

Continue reading "Proposed laws aimed at reducing Chicago bicycle accidents, pedestrian accidents, car accidents" »

The Chicago injury attorneys at Abels & Annes would like to inform you that the National Highway Traffic Safety Administration offers comprehensive resources aimed at increasing pedestrian safety and reducing the number of serious and fatal pedestrian accidents.

As we reported recently on our Chicago Personal Injury Lawyer blog, the spring and summer months are among the most dangerous times for serious and fatal Chicago pedestrian accidents.

In 2008, a total of 135 people were killed in fatal Illinois pedestrian accidents, according to the Illinois Department of Transportation.

Tips for pedestrian safety include:

-Visibility: Wear bright colored clothing, particularly at night. Reflective material is recommended and cyclists should use front and rear lights, as well as reflectors, to avoid a serious or fatal Chicago bicycle accident.

-Obey traffic signs and signals: Traffic signs, speed limits and signals are installed for the safety of pedestrians, cyclists and motorists. Often speeds are reduced or additional warning signs are installed in accident-prone areas. Remain aware of your surroundings and always follow the advice of traffic signs.

Avoid Impairment: Drunk driving accidents and impaired cyclists or pedestrians are responsible for a large number of accidents. Avoid traveling while impaired, call a cab, or utilize a designated driver.

Don't rely on a green light: While a green light or crossing signal may mean you have the right-of-way, it will be little consultation in the event you are struck by a passing motorist who ignores the signals. Look left-right-left before stepping off the curb. Look left first and last because the first lane of traffic will be coming from the left.

Crosswalks are not bulletproof: Always wait for signals and, again, look left-right-left before proceeding into a crosswalk.

A driver sees you: Just because you see a driver, do not assume the driver sees you. Make sure a motorist stops before proceeding across a traffic lane.

White at night no White Knight: White clothing is not enough to protect you at night. Wear reflective clothing and carry a light.

Continue reading "Stay safe, avoid summer Chicago pedestrian accidents" »

A 12-year-old boy was killed in a Chicago bicycle accident Sunday night after being struck by a pickup truck on the Southwest Side, the Sun-Times reported.

The accident occurred shortly before 8:30 p.m. in the 6000 block of South Narragansett Avenue, police reported. The boy was pronounced dead at 11:03 p.m. at Advocate Christ Medical Center in Oak Lawn, according to the Cook County Medical Examiner’s Office.

The boy was riding his bike south on Narragansett Avenue when a northbound Ford F-250 struck him as he entered the street in a crosswalk. The truck was making a right onto eastbound 60th Street when the collision occurred.

The 48-year-old driver of the truck was cited for failure to yield the right of way on a right turn and negligent driving, according to police.

The police Major Accident Investigation Unit is investigating.

As we reported last month on our Chicago Personal Injury Lawyer blog, spring is a dangerous time for Chicago bicycle accidents as riders begin the spring and summer riding season and kids begin to spend more time playing outside.

Bicyclists have the same rights to the road as an automobile and motorists are encouraged to use extra caution when approaching a bicycle rider. In 2008, a total of 27 riders were killed in fatal Illinois bicycle accidents and more than 3,300 were seriously injured, according to the Illinois Department of Transportation.

A driver has been charged in connection with a fatal Chicago bike accident that occurred Tuesday afternoon on the West Side, the Breaking News Center reported.

The 48-year-old bicyclist was killed while riding his bicycle just after 4:30 p.m. on West Chicago Avenue. He was struck by a Pontiac G6 traveling west from Lawler Avenue.

The 25-year-old driver of the vehicle was charged with negligent driving and failure to reduce speed, according to Chicago police.

The victim was taken to Mount Sanai Hospital, where he was declared dead at 5:15 p.m., according to the Cook County medical examiner's office.

In 2008, a total of 27 bicycle riders were killed and 3,385 seriously injured in Illinois bicycle accidents.

Meanwhile, police continue to investigate the intersection at 18th Place and Ashland Avenue, where a child was killed in a bicycle accident last year and another child was killed last month in a Chicago pedestrian accident, the Chicago Tribune reported.

As we reported on Chicago Personal Injury Lawyer blog, the 6-year-old boy was killed and his father critically injured after being struck by a semi while crossing the street.

Witnesses said the intersection, which is just down the street from the boy's elementary school, lacks crossing guards.

An elderly motorist has been ticked for an Illinois bicycle accident that claimed the life of a Chicago student and seriously injured two of her classmates on a downstate spring break trip, the Breaking News Center reported.

As reported Saturday on our Chicago Personal Injury Lawyer blog, the girls were on break from the University of Chicago Lab School when they were struck by a minivan while biking on a rural road about 320 miles south of Chicago.

A 17-year-old student was killed and her two friends, both 18, were seriously injured after the van, driven by an 86-year-old man, crossed the center line and struck the girls on a rural stretch of road near Shawnee National Forest.

The man was only issued one ticket and no criminal charges will be filed, according to Illinois State Police. He was cited for improper lane usage.

One of the surviving students has undergone several surgeries at an Evansville, Ind. hospital and suffered serious injuries, including two broken arms, a broken jaw and other facial injuries.

The other student was transported by helicopter to another hospital in Evansville, where she was treated for a broken collarbone and broken ribs.

The driver reportedly told police he may have fallen asleep at the wheel before the crash occurred. He has a valid driver's license and a clean driving record.

Under Illinois law, drivers ages 81 to 86 must pass a driving test every two years to maintain their driving privileges and must pass the test every year beginning at age 87.

One of every five fatal crashes occurs at an intersection, according to the National Highway Traffic Safety Administration, which has issued guidelines for driver and pedestrian safety at intersections.

The Chicago car accident attorneys and the pedestrian accident lawyers at Abels & Annes remind motorists that intersections remain one of the most dangerous places for serious or fatal Illinois traffic accidents.

The government reports that 7,772 of 37,261 traffic fatalities nationwide -- or 20.8 percent -- occurred at intersections in 2008. In Illinois, that percentage is even higher, with 25.2 percent of fatal Illinois traffic accidents reported at intersections, according to the Illinois Department of Transportation.

Each year, about 250 fatal crashes occurred at intersections in Illinois.

It is easy to forget during our daily commute that an intersection s a "planned point of conflict in the roadway system," according to the NHTSA.

In addition to Chicago car accidents, statistics show that pedestrian accidents and bicycle accidents frequently occur at intersections.

Government reports found 20 percent of accidents at signalized intersections involve a turning vehicle striking a pedestrian; and trucks are at greater risk of being involved in a bicycle accident, in part because of blind spots. In 2007, 1,152 people died nationwide as a result of a pedestrian accident at an intersection.

Motorists who run red lights are a primary danger at intersections. Over 90 percent of Americans believe running a red light is "very" or "extremely" dangerous, yet two-thirds of motorists report seeing someone run a red light almost every day. More than 800 a year are killed by a crash involving someone who ran a red light.

Basic motorist tips for safe driving at intersections can be found at www.safemotorist.com, and include:

-Look both ways before proceeding into an intersection
-Don't depend on traffic signals
-Ensure the intersection is clear: Don't presume other drivers will comply with signals
-Obtain a good view before proceeding: Large trucks or people driving smaller cars and motorcycles and bicycles may have a hard time getting an unobstructed view.

Continue reading "Intersections a dangerous place for Chicago car accidents" »

Police are looking for the vehicle responsible for a suburban Chicago hit-and-run accident that killed a bicyclist, according to ABC7 News.

Family members of the 61-year-old man gathered at the scene of the Chicago bicycle accident over the weekend to pray and ask for help in locating the suspect in the fatal hit-and-run crash. The victim was hit while riding his bicycle in suburban Ford Heights, near Cottage Grove and 11th Street.

The accused driver fled and left the man lying at the side of the road.

A citizen found the man at about 9 p.m. The victim was taken to St. James Hospital in Chicago Heights and then airlifted to Christ Hospital in Oak Lawn, where he died as a result of his injuries, the Park Forest News reported.

The Cook County Sheriff's Office is seeking the suspect. Authorities reported evidence found at the scene indicates that the vehicle involved is a 1996 to 2002 Chevy van of unknown color. The sheriff's office asks anyone with information to please contact the Cook County Sheriff’s Police Investigations Section at (708) 865-4896.

The Illinois Department of Transportation reported more than 3,810 Illinois bicycle accidents occurred last year, killing 27 people and injuring 3,385. Three-quarters of injured cyclists were male.

As first reported on Chicago Car Accident Lawyers blog last fall, police continue to deal with high numbers of Chicago pedestrians being struck and seriously injured or killed by hit-and-run drivers.

A 32-year-old cyclist was killed in a Chicago bicycle accident on the Northwest Side after being struck by a van in Chicago's Logan Square neighborhood, The Chicago Tribune reported on Tuesday.

After the accident, the driver left the van and fled, according to police.

The bicyclist was riding in the 3800 block of West Diversey Avenue shortly after noon when the van veered into his path, police reported. He was pronounced dead at Advocate Illinois Masonic Medical Center.

A relative told ABC7 that the bicyclist had been on the way to a job interview. Police were searching for the van's owner as part of the continuing investigation.

Accidents data for Cook County and the surrounding area continues to show that pedestrian accidents and bicycle accidents are a leading cause of injury and death in Chicago traffic fatalities.

Through the end of September, more than 1 in every 3 of Chicago's 110 fatalities involved a bicyclist or a pedestrian.

Hit-and-run drivers account for a large portion of traffic fatalities -- more than four people a day die in an accident where the at-fault driver does not stop, according to a report by AAA.

Each day, another 72 are injured by hit-and-run drivers.

In October, the Chicago Car Accident Lawyers blog reported on a rash of hit-and-run accidents being investigated by police.

This fall, police launched a program aimed at reducing the number of Chicago pedestrian accidents occurring at night by increasing enforcement and stationing undercover police officers in crosswalks and other areas at high-risk for such accidents.

Illinois recorded the fewest traffic fatalities since 1923, according to an exhaustive report on 2008 traffic fatalities released by the Illinois Department of Transportation.

The Chicago car accident attorneys and the Chicago injury lawyers at Abels & Annes are taking a look at the report in a series of blog here at our Chicago Car Accident Lawyers Blog and our sister site, Chicago Personal Injury Lawyer Blog.

"We believe these reductions are evident that Illinois' traffic safety efforts are working," Gov. Pat Quinn said.

While the statistics are encouraging, the simple fact remains that traffic fatalities are a leading killer both in Illinois and nationwide. For most of us, riding in a motor vehicle is the most dangerous activity in our lives.

In 2008, 1,043 people were killed and more than 94,000 injured in Illinois traffic accidents, the vast majority occurred in an around Chicago. But, perhaps because of the poor economy, fewer motorists were on the road: the state reported a 1.6 percent decrease in traffic.

Highlights of "2008 Illinois Crash Facts and Statistics"

Cost
-Total estimated cost of Illinois traffic accidents in 2008 was $6.2 billion
-Each fatality was estimated to cost $1.2 million
-An incapacitating injury was estimated to cost $67,500
-A nonincapacitating injury was estimated to cost $21,800
-A property damage crash was estimated to cost $7,800

Fatal
-1,043 people were killed in 950 fatal Illinois crashes in 2008
-There was an average of 1.1 deaths per fatal crash
-25.2 percent of fatal crashes occurred at intersections
-74.2 percent of fatal crashes occurred on dry roads
-48.2 percent of fatal crashes occurred during daylight hours
-55.7 percent of fatal crashes occurred on urban roads
-29.8 percent of fatal crashes occurred with a fixed object

Alcohol
-44 percent of fatally injured drivers who were tested, tested positive for alcohol
-49.3 percent of fatally injured drivers ages 16 to 24 who were tested, tested positive for alcohol

Pedestrian Accidents
-135 pedestrians were killed in 2008 and 5,423 were injured
-About 9 percent were under 15 years old
-About 15 percent were over the age of 65
-About 40 percent had a positive blood-alcohol content

Motorcycle Accidents
-There were 4,901 motorcycle crashes in 2008, though the number of fatalities decreased by 14 percent

School Bus Accidents
-No school bus passengers were killed; 123 were injured
-No school bus drivers were killed;99 were injured

Tractor Trailer Accidents
-115 people were killed in semi accidents
-5 of the persons killed were truck drivers while 99 were occupants of another vehicle

Train Accidents
-38.5 percent of fatal train crashes happened at crossings with gates
-53.8 percent happened at crossings with control devices other than gates, including flashers and warning signs

Work Zone Accidents
-There were 31 fatal crashes in work zones in 2008 in which 31 people were killed
-Two of the persons killed were road construction workers

Deer
-There were 24,209 crashes involving deer
-Two deer crashes involved fatalities

If you or someone you love has been injured or killed in an accident, call the Chicago injury lawyers and Illinois wrongful death attorneys at Abels & Annes for a free appointment to discuss your rights. Call (866) 99-ABELS. There is no fee unless you win.

Two men died last weekend in separate Chicago hit-and-run accidents as police continue to battle drivers who fail to stop after pedestrian accidents.

CBS2 reported a 47-year-old Texan and a 60-year-old grandfather were killed in the latest crashes and in both cases the drivers fled the scene.

The 60-year-old grandfather was struck down before dawn last Saturday on Cicero Avenue near Roosevelt Road, where his granddaughter erected a memorial on Sunday. The granddaughter expressed frustration, saying he might have been saved with proper medical attention.

Police are looking for a red or dark-colored vehicle with extensive front-end damage.

West of that crash scene, at Ogden and Lombard avenues in Berwyn, a seasonal construction worker was killed shortly after 6 a.m. last Sunday.

"We believe somebody saw this vehicle or may know who was driving this vehicle. We're asking them to come forward," said Berwyn Police Detective Roger Montoro. "We're positive a newer model Dodge Charger, black in color. We're totally positive of that."

Police believe the car has a missing hood ornament and front-end damage.

At least five other pedestrian accident have claimed lives or led to criminal charges in the past few weeks.

Last week, a 36-year-old woman was killed after being rundown in a crosswalk and thrown into the path of an oncoming CTA bus.

On Oct. 2, a Waukegan man was charged with killing a pedestrian in a Chicago hit-and-run accident; a week earlier, a man was charged in a drunk driving accident that killed a man at the state line.

In August, our sister site, Chicago Car Accident Lawyers Blog, reported on the city's efforts to reduce pedestrian accidents at night by stationing undercover officers in crosswalks.

Accidents data for Cook County and the surrounding area continues to show that pedestrian accidents and bicycle accidents are a leading cause of injury and death in Chicago traffic fatalities. Through September, more than 1 in every 3 of Chicago's 110 fatalities involved a bicyclist or a pedestrian.

Hit-and-run drivers account for a large portion of traffic fatalities -- more than four people a day die in an accident where the at-fault driver does not stop, according to a report by AAA. Each day, another 72 are injured by hit-and-run drivers.

Anyone with information regarding a Chicago hit-and-run accident is encouraged to contact the Chicago Police Department immediately.

Traffic fatalities in 2009 are down nationwide, according to statistics released this past weekend by the National Highway Traffic Safety Administration, which reviewed data for the first six months of the year.

So far in 2009, 16,626 people have been killed in traffic accidents, a 7 percent reduction compared to the 17,871 traffic deaths reported in the first half of 2008.

The Chicago car accident lawyers and personal injury and wrongful death attorneys at Abels & Annes continue to monitor state and national traffic statistics. While overall traffic deaths are declining, instances of drunk driving and motorcycle accident fatalities continued to increase last year.

And in Cook County, bicycle and pedestrian fatalities continue to be a problem. Through September, more than one-third of Chicago's 110 traffic fatalities involved a Chicago pedestrian accident or a Chicago bicycle accident.

In Ilinois, where crash statistics are available through the end of September, the downward trend in traffic fatalities continues: 698 motorists died in 628 fatal crashes through the first 9 months of the year, compared to 796 fatalities last year. The 96 fewer fatalities represents a 12 percent decrease year-over-year.

Of the 628 fatal accidents, 204 deaths were attributed to alcohol-involved traffic crashes and 131 involved unlicensed drivers, according to the Illinois Department of Transportation.

Also of note, is that the pace of decline in nationwide traffic fatalities slowed as the economy recovered. In the first quarter of 2009, a 10 percent reduction in fatal accidents was reported, compared to the 4 percent reduction in the second quarter amid a significant recovery in the stock market and reports of an improving economy.

Traditionally, the deadliest time on the nation's roads has been the second half of the year -- which includes back-to-school, and the Thanksgiving and Christmas holidays as well as the start of the winter driving season.

Continue reading "2009 fatal car accident data released by NHTSA and Illinois" »

Chicago personal injury lawyers from Abels & Annes have agreed to represent a 15 year old boy who was hit by a car in Cicero, Illinois on August 22, 2009. The child was riding his bike on a sidewalk in the area of 59th Avenue and 37th Street when a woman driving a car failed to yield while exiting an alley and hit him.

The Cicero Police Department investigated the cause of the car vs. bike accident. The police report states the car hit the bicycle's front tire, causing the boy to flip over the hood of her car. The woman then got out of her vehicle and asked if he was ok. The child said he was not ok, and the woman got back in the car and fled the scene. The police located the woman later the same day at her home in Cicero.

The child sustained low back injuries and pain on both rib cages. He was taken to Mt. Sinai Hospital on the date of the accident where x-rays may have detected a spinal fracture. He was seen again at the hospital 2 days later for an MRI. The boy is going to follow-up treatment with an orthopaedic doctor in Chicago.

The child in this case was very lucky, as he walked away from the accident with non-life-threatening injuries. Not all children are as fortunate. The Chicago Breaking News Center is reporting that a 5 year old girl riding a bicycle was killed in the Rogers Park neighborhood of Chicago Sunday afternoon when a driver failed to yield while exiting from an alley, the same exact facts of our accident.

The deadly bike collision happened in the 6100 block of North Sacramento Avenue around 5:30 p.m. The driver was ticketed by the Chicago Police Department for failing to yield to the bicyclist while coming out of the alley.

The girl was rushed to St. Francis Hospital in Evanston where she was pronounced dead a short time later.

Also see the Rogers Park bike accident as reported by WBBM News Radio 780.

Chicago bicycle accident lawyers and Illinois car crash attorneys at Abels & Annes have entered into an agreement to represent a Chicago resident who was critically injured in a bike accident on July 20th. The accident happened when our client was riding his bicycle on W. North Avenue when a driver in a parked car opened her car door as the plaintiff was riding by.

The bicyclist fell to the ground and sustained life threatening injuries. He was taken by ambulance to Mt. Sinai Hospital in Chicago and diagnosed with internal head injuries and a collapsed lung. He has undergone multiple surgeries since the date of the accident.

The plaintiff has remained in the hospital since the crash, and he is about to be transferred to a long care facility.

The bicycle accident was investigated by the Chicago Police Department. The at fault driver was ticketed for swinging her car door into traffic.

This type of accident is not uncommon in the Chicago area. Our office has handled several cases where a bike rider was injured by a motorist who negligently opened a door into traffic without looking. In a congested urban area like Chicago, drivers have to be diligent in checking for approaching bicyclists.

The Chicago bicycle lawyers at Abels & Annes are representing a cyclist injured last week (July 8) after being rear-ended by a driver.

The client was northbound on LaSalle in the bike lane. As he approached Schiller he was rear-ended.

The at-fault driver was ticketed and the client was taken by Chicago Fire Department ambulance to the emergency room at Northwestern where he was treated for injuries to his left leg and foot and multiple abrasions.

The Chicago personal injury lawyers at Abels & Annes continue to see vehicles colliding with bicyclists on a regular basis. Please remember, cyclists have the same rights on the road as a motor vehicle.

The Illinois Department of Transportation is running a public service announcement this summer. "There is plenty of room for us all, Please Don't Squeeze," emphasizes the legal requirements to give cyclists at least three feet of clearance when making a pass.

IDOT estames more than 4,000 Illinois residents are seriously injured each year in bicycle accidents. Nationwide, cyclists join motorcycle riders as the only group to see an increase in accidents and fatalities during 2008, which saw a historic drop in accident rates for passenger cars and trucks, according to annual statistics released this week by the National Highway Traffic Safety Administration.

In 2008, 716 cyclists were killed, compared to 701 in 2007. The 52,000 riders who were injured was a 21 percent increase from the 43,000 hurt in 2007 -- by far the largest increase in any category.

In Illinois, cycling fatalities jumped from 18 to 27; the state estimates another 4,000 are seriously injured each year.

High gas prices and a down economy has more people riding bicycles out of necessity than ever before. Thousands more bicycle for recreation and fitness-- taking advantage of Chicago's extensive system of bike trails, which is slated to grow to more than 500 miles by 2015.

An excellent map of Chicago-area bike paths and trails is available by clicking here.

As a motorist, please remember: Each bicycle on the road is one less car adding to the congestion. Please give our bicycling friends and neighbors a break. Every bicycle accident has the potential to be very serious or life threatening.

Continue reading "Chicago bicycle attorneys represent cyclist injured in rear-end colllision" »

A Chicago resident was hit by a car on Friday night while riding a bicycle past a White Sox parking lot. The accident happened on West 33rd Street just before the Sox game started. The bicyclist was eastbound in a bike lane when a driver did not see the bike when turning right into a fan parking lot.

The bike rider sustained right shoulder, clavicle and other injuries, and was taken by ambulance to Mercy Hospital for treatment. The hospital referred him to an orthopaedic physician for follow up treatment.

The Chicago Police Department investigated the accident and ticketed the driver with failing to yield the right-of-way. A court date has been set for June at the Daley Center.

The injured Chicago bicyclist has entered into an agreement with Abels & Annes to pursue a civil claim against the at fault driver.

Chicago Car Accident Lawyers from Abels & Annes, P.C. have resolved a bicycle accident claim for a DuPage County resident who was hit by a State Farm driver. The accident happened on June 28, 2008 in front of 529 S. Ardmore in Villa Park, Illinois. Our client was riding his bicycle southbound along the curb of the northbound lanes when the northbound defendant hit him with his car.

Our client was taken from the scene of the crash by ambulance to Elmhurst Memorial Hospital. He had complaints of right ankle pain. X-rays were negative for fracture and he was discharged with instructions to return if pain increased.

Over the next few days his right leg and ankle pain remained. He also had headaches, weakness, and trouble walking. His pain was exacerbated by movement.

On 6/30/08 the plaintiff was at home and felt very weak and dizzy. Paramedics were called to his house and he was taken back to Elmhurst Memorial. A CT scan of his brain was negative. He was prescribed Motrin. He reported head pain of 8 and leg pain of 9 on a scale of 1-10. He was diagnosed with post traumatic headaches and right ankle sprain.

After discharge, the plaintiff developed back, neck and right shoulder pain over the next several days. On July 25, 2008 he went to see an Osteopathic Physician for his pain. He was diagnosed with lumbar strain and shoulder strain. He again followed up on July 28, 2008 with the doctor and had the same complaints.

The case settled pre-litigation for $12,000.