Articles Posted in Rear-End Crash

Bert Jessmon and his father worked for a private trash collection company. They were on a route with Jessmon’s father driving and Bert Jessmon riding on the back of the truck. The Jessmons stopped on a rural two-lane highway and Bert Jessmon left the truck and began walking to pick up a trash can. At the same time, a W.A. Kendall & Co. wood chipper truck stopped behind the trash truck.

Elizabeth Smiley, who was traveling in the same lane, came upon the truck and stopped behind them. When Smiley confirmed that the oncoming lane was clear, she began passing the vehicles on the left. As she was nearly passed the chipper truck, the driver pulled out, striking her car. The Smiley car then spun clockwise striking and pinning Bert Jessmon between the car’s driver side and the rear of the garbage truck.

Bert Jessmon sustained severe crush injuries to both of his legs and his right leg was nearly severed above the knee. His femoral artery was severed and he began bleeding profusely. A bystander with Army medical experience applied a tourniquet while emergency responders were called.

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On Jan. 27, 2011, there was a multi-car crash on Interstate 294 in the Chicago suburbs. Kevin Boyd George drove his car into the rear of another car and that car was in turn pushed into a car driven by the plaintiff, John Larkin.

Larkin’s car was pushed into the car in front of him. He filed a lawsuit on March 1, 2012 claiming that he suffered “numerous injuries” due to the negligent driving by the defendant, Kevin Boyd George.

At the scene of the crash, Larkin did not report any injury, but on the following day he did go to an urgent care center reporting pain in his left ankle. Larkin ultimately had to undergo two orthopedic procedures to correct the pain and reported continuing pain, which prevented him from participating in family and recreational activities that included golf and basketball, which he claimed to have participated in regularly.

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Cornell Smith, 38, was driving on a highway when he stopped for the traffic ahead. Traffic was backed up from an off-ramp exit. While he was sitting in his stopped SUV, he was rear-ended by Ross Keys, who was driving a cargo van for Tri-Cal Distributors LLC.  On impact, Smith was wearing a seatbelt, but he was thrown upward in his seat and struck his head on the roof of his SUV. He felt immediate head and neck pain. Smith was transported to the nearest hospital. He was diagnosed there with a concussion and cervical sprain.

In the months following the crash, Smith developed chronic headaches, neck and mid-back pain and numbness and tingling in his fingers. The radiology imaging revealed cervical disk and facet damage, including an indentation of the ventral cord at C5-7.

He underwent conservative treatment and medication, but the pain interfered with his ability to perform his job as a police officer.

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On March 9, 2013, the defendant Roy H. Verdin was driving eastbound on 159th Street in Orland Park, Ill.  His vehicle rear-ended Christina L. Barron’s car at 94th Avenue and pushed it into two other vehicles ahead of her.

Barron, 46, maintained that she suffered a torn rotator cuff injury along with soft tissue sprains. She lost one week of work as a retail sales clerk. Her medical expenses were $40,000.

The defendant argued that the crash was only a “fender bender.”  It was maintained that no airbags deployed and that the plaintiff’s rotator cuff tear was not related to this occurrence.

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The Insurance Institute for Highway Safety (IIHS) concluded at an all-day conference that deadly truck underride crashes could be prevented when passenger vehicles crash into a tractor-trailer truck or straight struck from behind.

In underride crashes, a passenger car crashes into the rear of a tractor-trailer truck and the car ends up jammed under the truck, flattening the passenger compartment and injuring or killing the car’s driver and passengers. Underride crashes are extremely dangerous and many times lead to serious injuries and/or death. Underride incidents also can occur when bicyclists, pedestrians and motorcyclists slide under the truck body.

There are federal rules and regulations that require trailers and some straight trucks to be equipped with rear underride guards, which are steel bars designed to prevent vehicles from sliding under the backs of trucks or trailers. The same rules and regulations imposed by the federal government have been in place since 1953. Now there is movement to amend rules of the National Highway Traffic Safety Administration (NHTSA), which is considering a new standard for the guards to make them stronger.

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On Oct. 18, 2011, Shama Khan was a passenger in her husband’s car, which was stopped at a red light on eastbound Grand Avenue (Route 132) near Stonebrook Drive in Gurnee, Ill.  The defendant Shawn Tabin, 72, was driving his car eastbound and then rear-ended the car behind the Khan vehicle, which was pushed into the back of Khan’s car.

The plaintiff Shama Khan, 48, maintained in the lawsuit that was filed that the impact of the collision caused her to suffer a protruding cervical disc, which was unoperated, cervical radiculopathy, lumbar radiculopathy, post-concussion syndrome, short-term memory deficits and depression. Her medical expenses were alleged to be $38,375.

The defendant Shawn Tabin claimed that the middle driver, third-party defendant Gregory L. Burton, ran into the plaintiff’s car before Tabin’s car rear-ended Burton and caused him to hit her a second time, which was supported by Khan’s claim that she felt two separate impacts to the back of her husband’s vehicle.

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Chanttel Ortiz was 19 and seated in the rear passenger seat of a car driven by Luinis Sosa Rosa when an unidentified SUV allegedly cut off the car from the left. The driver, Sosa Rosa, veered to the right shoulder but saw a tanker truck parked ahead. Sosa Rosa braked, leaving about 90 feet of skid marks, but the left front of the car struck the tanker’s right rear corner.

The Sosa Rosa car was propelled across 40 feet of snow-covered grass and became wedged under the trailer of a second truck, which had stopped on a plant’s access road.

Ortiz suffered multiple injuries including injuries to her face that caused scarring and affected the function of her right eye. She also suffered a transverse process spinal fracture at C-5 and a fracture to her left, non-dominant wrist.

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In this case, which was settled as a confidential settlement, the plaintiff Ms. Doe was traveling on a northbound interstate highway when she stopped because of heavy approaching traffic. The defendant Roe, a commercial truck driver, rear-ended Doe’s car causing her to collide with the vehicle in front of her.

Doe suffered hand and cervical injuries and later underwent several surgeries, including a cervical fusion at C5-7.

Doe, a medical unit clerk, missed more than three months of work amounting to $25,000 in lost earnings. Her medical bills were $355,000. Doe, 51, has recovered fairly well from her injuries and surgeries.

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Marilyn Kayman was injured in a car crash on Jan. 30, 2009 in which her car was struck from behind by the car driven by the defendant Janice Matthews Rasheed. Kayman went to the emergency room at Hinsdale Hospital shortly after the crash but was discharged the same day. She continued to have neck pain and other symptoms.

Kayman visited her family practice physician on Feb. 4, 2009. She was subsequently referred to an orthopedic surgeon and was treated between 2009 and 2012. At the recommendation of the orthopedic surgeon, Kayman underwent physical therapy and was also prescribed medical devices to use at home to help alleviate her pain.

Kayman filed a lawsuit against Rasheed claiming the accident had caused her neck and back pain, headaches and other symptoms. Rasheed admitted negligence in striking Kayman’s car, but disputed the extent to which the 2009 collision caused Kayman’s alleged injuries.

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A car driven by Timothy Walsh rear-ended the vehicle occupied and driven by Joseph and Karen Skutas, husband and wife, in Downers Grove, Ill., on Dec. 7, 2008. Joseph, 60, sustained a full-thickness tear to his left rotator cuff and a partial tear of the right rotator cuff. He required acromioplasty and a mini-open rotator cuff with tear to his left shoulder. Both procedures were completed in February 2009.

In addition, Joseph underwent right shoulder arthroscopic surgery in October 2009. Joseph also contended that the collision caused a cervical spine injury and cervical myelopathy, resulting in C3-6 laminectomy and foraminotomy in October 2012 as well as a lumbar spine injury, which resulted in L3-5 laminectomy and foraminotomy in September 2013. Medical expenses for Joseph totaled $251,567 and lost time from his job was claimed to be $10,868. He also claimed $8,209 in property damage to his car.

Joseph’s wife, Karen Skutas, 54, who was the passenger in the car, suffered subacromial impingement syndrome in her left shoulder, which required arthroscopy and acromioplasty surgery on July 20, 2009. Her medical expenses totaled $54,678.

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