Chicago Car Accident Lawyer

$7 Million Resolution for Six-Year-Old Boy Hit by Negligent Semi-Truck Driver

Craig D. Brown and Michael W. Lenert of Meyers & Flowers obtained a $7,000,000.00 settlement on behalf of a 6-year-old Illinois boy struck by a commercial semi-tractor trailer while he was riding a motorized scooter. 

On September 19, 2017, six-year-old Charlie went over to his friend Johnny’s house in rural Illinois to play after school.  Johnny lived on a truck route in a residential neighborhood.  Johnny’s great grandmother was at the home to supervise the two boys.  While playing in the back yard, Johnny went into the unlocked garage and started driving a 12-volt motorized scooter up and down the driveway.  Although Charlie had just learned how to ride a bike two weeks prior, he wanted to take a turn riding the scooter.  Tragically, Charlie, not knowing how to control the scooter, began to drive the scooter down the driveway.  As Charlie sped down the driveway, he attempted to stop the scooter by dragging his feet. Unfortunately, Charlie was unable to stop and ultimately entered the roadway where he was run over by an 18-wheel semi-tractor trailer.   

It is a miracle Charlie survived the crash, but his injuries can only be described as permanent and catastrophic.  He suffered multiple orthopedic fractures, internal bleeding, and a complete disconnection of his urethra from his bladder.  Furthermore, he suffered a severe traumatic brain injury that caused permanent and substantial cognitive deficits.  He underwent dozens of surgeries, but unfortunately, his injuries will leave him dependent on his loved ones for basic needs for the rest of his life.  

“Both my wife and I had tragedy strike when our son was hit by a semi tanker,” said Charlie’s father.  Though our son made it out alive, we were met with a large healthcare lien from the hospital.  We were referred out to Meyers & Flowers and from the beginning of our case the team was understanding with our availability and were willing to help us out in any way possible.” The Meyers & Flowers team led by Craig Brown and Michael Lenert worked on Charlie’s case for over 3 years and investigated every possible legal cause of the crash.  

Initially, their efforts focused on the homeowner’s insurance policies.  According to Craig Brown, “Johnny’s parents and grandparents were one of the legal causes of Charlie’s catastrophic injuries.   Johnny’s parents were negligent because they allowed their young son to have unsupervised access to a dangerous motor scooter.  That scooter should have been locked in the garage and not used without adult supervision.  Moreover, Johnny’s grandmother was also a legal cause of the crash because she failed to supervise Johnny and Charlie, who were only 6 years old.  Fortunately, we were able to convince the homeowner’s insurance company to pay their full $1 million policy at the outset.  We used this money to help Charlie obtain the best medical care possible while we continued to investigate all potential causes of action.”   

Mr. Brown and Mr. Lenert specifically investigated a potential case against the driver of the semi-tractor and his employer.  The driver told the investigating police officer that he never saw Charlie before the impact and that after he felt a bump, he slowed down, looked in his side mirror, and saw Charlie lying in the street.  The driver claimed he kept a proper lookout to his right as he was heading down the truck route, but his view of Charlie was obstructed by trees and a minivan that was parked in Johnny’s front yard. 

“When I initially contacted the insurance company of the driver, I was told the driver did nothing wrong, that the accident was unavoidable as the driver did not have an opportunity to see Charlie prior to the impact, and that consequently the insurance company was never going to pay to settle the case despite the fact that there was $6 million of liability coverage.  Given the carrier’s steadfast refusal to consider the merits of our claim, it was necessary for us to litigate this matter to establish the liability of its insured and convince the carrier that they had grossly misevaluated the claim,” said Craig.  

To prove the truck driver could have stopped his 18-wheeler before Charlie entered the roadway had the driver kept a proper lookout, Mr. Brown and Mr. Lenert hired a team of experts who utilized state-of-the-art technology to prove what really happened that tragic day.  According to Mr. Brown, “We had our experts drive the same type of truck down that road on the 1-year anniversary of the crash, and they videotaped the visibility from inside the cab.  We also flew a drone down the street to capture exactly what the truck driver would have seen when he was driving down the road.  Our accident reconstruction expert then helped us establish that the driver should have been able to see Charlie at the top of the driveway when Charlie first began to drive the scooter down the driveway.  Through these efforts, we proved Charlie was visible for 7 seconds prior to the time of impact and the driver could have stopped his truck, which was traveling 30 mph, had he reacted properly when seeing Charlie at the top of the driveway.”   

“Through the opinions of our retained experts, we were able to create a three-dimensional computer model of the events leading up to the crash.  We were able to ultimately establish that if the driver had detected the electric scooter when leaving from the garage or his friend running down the driveway and began to slow, he would have been able to stop prior to reaching the area where the incident occurred.” 

Mr. Brown and Mr. Lenert also presented the evidence to several focus groups and conducted a mock trial to learn how potential jurors would most likely interpret the evidence. According to Mr. Lenert, “What became apparent was that we needed to clearly show the jury that the driver of the truck, despite only having seven seconds to react, had ample time to appreciate the hazard of the children playing on the driveway and respond appropriately to avoid this tragedy.”    

Shortly before the trial was to be scheduled, the same insurance company that initially denied the claim agreed to pay its full $6 million liability policy.  “While we cannot go back in time and prevent this crash and Charlie’s catastrophic injuries, we are pleased that our thorough investigation, analysis, and prosecution of this crash, including the retention of some of the top experts in the country who utilized cutting edge technology, convinced the defense that they should tender their full policy limits as opposed to proceeding to a jury trial. This allowed us to secure a settlement that will allow Charlie’s parents to give their son the best available medical care and treatment for the rest of his life,” said Mr. Lenert.  

“Meyers & Flowers is a firm with a dream team of experts for every situation.  I know the case with our son was an uphill battle with a lot of grey areas, but they were able to get the job done with experts proving the case from our standpoint.  Craig has kept constant contact with me on every aspect of my son’s case and thought of different approaches to evidence that I would have never dreamed of.  He even made himself available to come to our house when driving to Chicago wasn’t possible with our busy schedule.  The team was very professional and human! They treated us like real people rather than just another client.  They listened to our pleas for help, and he made sure to fight for us to better our son’s future,” said Charlie’s parents. 

Accident law is complex, with many intricacies to navigate.  As a law firm with over 20 years of experience helping victims of auto accidents, we have the skills needed to protect your rights and ensure you are fully compensated both now and in the future.  If you or a family member needs additional information on Meyers & Flowers’ experience in car crash or trucking accident litigation, please contact us today at [email protected] or at (630) 232-6333. 

$5 Million Settlement for Family of Truck Driver Killed at Chicago Loading Facility

January 19, 2016, seemed like a typical day as Tracy parked his flatbed trailer in the loading zone of an industrial facility on the south side of Chicago and began preparing his flatbed to be loaded with large spools of wire.

As Tracy was in the process of removing equipment from a storage unit on the rear passenger side of his trailer, a semi tractor-trailer left a nearby loading bay, made a left-hand turn around the back of Tracy’s flatbed, and exited the facility along the passenger side of Tracy’s flatbed.

Approximately 15 minutes later, Tracy’s lifeless body was found next to his flatbed. There were no witnesses to the incident, and the driver of the truck denied striking Tracy. The investigating police department did not issue any citations to the truck driver.

Meyers & Flowers partners Craig Brown and Michael Lenert were contacted by Tracy’s wife and five adult children. The family wanted to know if anything could be done to address their father’s senseless death.

“When we initially evaluated this case shortly after Tracy was killed, we knew we had some evidentiary hurdles to clear because there were no witnesses to the occurrence, and Tracy failed to wear a safety vest and take other precautionary measures for his own safety,” said Craig Brown. “Fortunately, Tracy’s family hired us not long after Tracy was killed, so we were able to conduct a complete investigation before crucial evidence was tampered with or lost.”

After thoroughly investigating the incident, the firm filed a wrongful death action against the driver of the truck and the industrial facility. Mr. Brown and Mr. Lenert alleged that the loading facility was negligent because it failed to control truck traffic in the loading area where Tracy was parked. They also alleged that the truck driver was negligent because he should have passed Tracy’s trailer on the driver’s side, not the passenger side, and because he ran Tracy over by driving within approximately 12-24 inches of the side of Tracy’s flatbed.

The Defendants denied Tracy was killed by the truck and also claimed he was responsible for his own death because he was wearing dark clothing without a safety vest in a dimly lit high-traffic area and failed to keep a proper lookout for passing trucks.

The attorneys rejected the defendant’s initial $1.5 million settlement offer during an early settlement conference and began preparing for trial. They worked closely with an accident reconstruction expert, a trucking expert, a forensic pathologist, and a loading dock expert as they developed testimony that supported each of the allegations. The result: the defendants agreed to pay a $5 million settlement to Tracy’s family shortly before the trial was scheduled to begin in Cook County, Illinois.

“From the outset, this case presented many unique evidentiary and liability challenges,” said Mike Lenert. “After completing more than 35 depositions and engaging in extensive motion practice on various pleading and discovery issues, we were ultimately able to secure a fair and just settlement for a wonderful family who lost an incredible husband and father.”

For three years, Mr. Lenert and Mr. Brown worked closely with Tracy’s family to be sure they understood how they were structuring the case and each step they were taking on the family’s behalf.

“There was a lot of appreciation for the fact that Craig and Mike could balance my family’s many voices,” said Jordan, Tracy’s son. “And, the fact that Craig gave me his cellphone number just gave me a sense of security and sincerity with which he operates. I tried not to use it too much, but it meant so much to me that he was willing to give us that number and to be available to us when we needed him.”

With this settlement, the family has some closure and is finding ways to move forward with their lives while honoring their father. “The efforts of Meyers & Flowers have helped us out in a tremendous way,” said Jordan.

At Meyers & Flowers, compassion and vigorous advocacy are the cornerstones of our representation of families who have been forced to deal with unnecessary tragedy. Contact us if we can be of help. We can be reached online or at (630) 232-6333 to request a case evaluation.

The Meyers & Flowers team led by Partner Michael Lenert, worked tirelessly on behalf of the family of Betty and John Fassig in a wrongful death lawsuit against John Goldone III and his insurers, which was settled this summer for $3.6 million. The Mendota, Illinois, couple was killed last summer when their car was struck by Goldone when he failed to stop.

The Fassigs were survived by their two children and five grandchildren. The couple was active in their family and community. They stepped in to raise their three granddaughters when the girls tragically lost their parents less than 18 months apart in 2009 and 2011. The youngest of their granddaughters was in high school and still lived with Betty and John at the time of the accident. The couple could often be found on the sidelines of their grandchildren’s soccer, baseball and basketball games. They also cared for their disabled adult son.

“Betty and John were amazingly kind and caring parents and grandparents,” said Mike Lenert. “Over the last year, we dedicated the full resources of the firm to aggressively represent their family in every step of this case, as they worked in their memory. It was a privilege to work for the Fassig family our hope is that this settlement will serve as further closure for the family, as they continue to heal from their heartbreaking loss.”

The Meyers & Flowers team conducted an extensive investigation into the circumstances surrounding this case as we developed a comprehensive litigation plan and relentlessly pursued justice on behalf of the Fassig family.

Accident law is intricate, with many possible pitfalls. If you or a family member needs additional information on Meyers & Flowers’ experience in car or trucking accident litigation, connect with us today at [email protected] or at (630) 232-6333.

$3.5 Million Settlement For 25-Year-Old Man Injured in A Semi-Truck Collision

Meyers & Flowers partners, Craig D. Brown and James A. McPhedran, recently obtained a $3.5 million settlement on behalf of a 25-year-old man who sustained severe brain injuries after a collision with a tractor-trailer that attempted to make a left turn across a rural highway in Central Illinois.

On August 29, 2017, John was heading southbound on a rural highway when a semi-trailer truck pulled out of the intersection to make a left-hand turn in front of John.

As the sun began to rise that morning, there was thick fog covering the highway, leading to extremely poor driving visibility. Although the commercial truck driver was unable to adequately see oncoming traffic, he attempted to make a left-hand turn heading northbound. “This is a classic example of a professional truck driver failing to comply with FMCSR 392.14, which requires extreme caution in hazardous conditions and obligates the professional driver to discontinue driving when conditions become sufficiently dangerous,” said Brown. As he pulled into traffic, he abruptly stopped his cab once he approached the median to avoid another motorist to his right driving north. His stopping blocked both southbound lanes, creating an unavoidable hazard for John.

By the time John could see the potential danger and attempted to brake, it was too late. The impact of John’s Chevrolet colliding with the left side of the 79,000-pound vehicle resulted in substantial damage to his pickup truck. John suffered a broken leg and a severe brain injury in the collision.

According to Jim McPhedran, “This case was very challenging in several respects. The defense argued that John was at fault because he was driving too fast in the dense fog, and thus, his excessive speed prevented him from stopping in time to avoid the collision. Second, they argued a jury in down state Central Illinois County would be too conservative to award a large, just verdict. Fortunately, we hired expert accident reconstruction witnesses who were able to produce a video recreation that, among other things, illustrated how and why John was not at fault. Also, we were able to demonstrate to the defense that we have obtained many seven figure settlements and verdicts which helped us convince the defense to pay a settlement that was equal to what a jury most likely would have awarded recognizing that in an appropriate case, local juries in Central Illinois can also provide a just verdict to fairly compensate injured persons and their families.”

The settlement was finalized during a mediation in May, several weeks before the trial was set to begin. The $3.5 million payment will help cover John’s lost wages while giving him the ability to maximize his quality of life.

“John is a great young man who had his life changed in an instant by a truck driver’s reckless decision to make a left turn across a rural highway in dense fog. He is now able to afford the best cognitive therapy, which is already helping him recover more quickly. Hopefully, he will continue to get a little better each day and ultimately return to work as a truck driver,” said Mr. Brown.

“We went to this law firm with our hardships, and they reached out and did everything in their power to help us so that we could concentrate on my son and what was needed to bring him back to us,” explained John’s mother.

“I have a deep love for my family, and we wanted only what we could have to help my son get the care he needs to live the best life he can, every day, as he will have ongoing issues for the rest of his life. This law firm and/or staff have done this and more, and we are so thankful. We give our heartfelt blessings to the Meyers & Flowers family.”

If you or a loved one has been involved in a serious car crash or trucking accident, contact Meyers & Flowers today at [email protected], (630) 232-6333, or online to request a free case evaluation.

$3 Million Award to Family of Young Man Killed in Chain Reaction Crash on I-80 In LaSalle County

On August 1, 2016, Octavio was sitting in his work truck stopped in construction traffic on westbound I-80 in LaSalle County, Illinois. Little did he know that several yards behind him, a truck driver had failed to slow his semi-tractor trailer as he approached Octavio and the stopped traffic behind him. The truck driver crashed into a car, which caused a chain reaction collision involving multiple vehicles. Tragically, Octavio and a young engaged couple in another vehicle were killed.

Octavio’s wife turned to Meyers & Flowers partners Jonathan Mincieli and Craig Brown for help with this devastating case as she faced having to raise three small children on her own.

Exhaustive research revealed that the truck driver and his employer only had $1 million of liability coverage. However, Jonathan Mincieli, lead counsel for the firm, was able to establish evidence to prove three other defendants, who did not employ the negligent trucker, were still legally responsible for Octavio’s death.

“By establishing liability against the other defendants through legal principles of apparent agency, joint venture liability, and broker liability, we were able to identify an additional $6 million in insurance coverage that otherwise would have been overlooked,” said Mr. Mincieli.

All four defendants agreed to pay their full $7 million policy limits to the three families who were tragically killed in this senseless crash. Ultimately, Meyers & Flowers obtained a $3 million payment for Octavio’s family, while the other two families received $2.1 million and $1.9 million each.

“I am so thankful through Jonathan’s hard work, we were able to establish liability against companies other than the underinsured truck driver. This man should never be allowed to operate a truck again,” said Mr. Brown. “Because of this award, Octavio’s wife will be able to provide for her children while they continue to mourn the death of an amazing husband and father and rebuild their lives.”

If you or your family have been involved in a serious truck crash, contact Meyers & Flowers. Our attorneys have the experience and skills needed to protect your rights and ensure that you are fully compensated both now and in the future. We can be reached online or at (630) 232-6333 to request a case evaluation.

On November 11, 2017, Javier was a passenger in his father’s van as it was heading east on Bluff City Rd. in Elgin, Il. At the same time, the defendant’s landscaping truck was heading west on Bluff City Rd., when it unexpectedly crossed the centerline and struck Javier’s vehicle head-on.  

Javier suffered multiple fractures to his left hip that required surgical repair and a lengthy hospital and rehabilitation center stay. Unfortunately, he also sustained a nerve injury that resulted in a permanent left foot drop. He will also likely need future hip replacement surgery because of posttraumatic arthritis.   

On the recommendation of a family member, Javier reached out to Craig Brown, a partner at Meyers & Flowers, to discuss his case. “Craig walked me through everything, and often that’s what kept me going,” Javier said. “He cares about his clients, and he would always call and check on me.”

Over the last two years, Craig worked on developing Javier’s case, meticulously outlining how the defendant’s negligence has irrevocably changed Javier’s life in order to attain full and just compensation for his client. His tireless work and ongoing negotiations with the defendant’s insurance company resulted in a $2.7 million settlement.

“For Javier, everything changed in an instant,” said Mr. Brown. “My goal was to give him the ability to rebuild every aspect of this life while allowing the time he needs to heal both physically and emotionally.”

The settlement will help cover his lifetime of medical needs and future surgeries. Javier is grateful his case is now settled, so he can focus on his ongoing physical therapy and hopes to go back to school in a few months to explore new career options.

If you or your family has been involved in a serious car crash, contact Meyers & Flowers. Our attorneys have the experience and skills needed to protect your rights and ensure that you are fully compensated both now and in the future. We can be reached online or at (630) 232-6333 to request a case evaluation.

A 57-year-old father of four was awarded a $1,000,000.00 settlement after sustaining serious injuries due to the negligence of a semi-trailer truck driver. 

 On February 12, 2020, Jose and his friend were driving eastbound on I-88 at approximately 3 am on their way back to Aurora after picking up scrap paper in Dekalb, when, without warning, a truck violently struck the back of their van.  Jose was severely injured, requiring him to be airlifted to the nearest hospital, where he was found to have suffered multiple rib fractures, injuries to his right arm, damage to his right eye, and a mild traumatic brain injury. 

During his extensive hospital stay, Jose was required to undergo wrist surgery and an operation to repair his orbital fractures in order to save his eye.  After returning home, Jose’s physical pain and emotional trauma have only worsened.   After completing months of physical therapy, Jose made significant improvements, but he still has lingering back pain that prevents him from performing any strenuous activities. 

Despite Jose’s life-changing injuries, the defense did not offer a settlement prior to trial attorneys Craig D. Brown and Thomas M. Connelly filing a lawsuit.   The defense disputed liability, alleging Jose was guilty of comparative fault because he was operating his van at an unreasonably slow speed while his taillights were inoperable.  Through compelling evidence found during discovery, Craig and Tom were able to demonstrate that the Defendant failed to keep a proper lookout and thus his negligence was the sole cause of the crash. 

“Even with undisputed evidence, insurance companies do everything in their power to uphold foolish claims to deflect liability. Our client’s permanent injuries were preventable had the professional driver upheld his most basic responsibility to keep his eyes on the road,” said Craig Brown. 

Our trial attorneys’ fierce advocacy convinced the defense to change their position and negotiate a settlement to award our clients the Defendant’s full $1 million policy limit, recovering $600,000 for Jose’s suffering and compensation for his wife of $400,000 for loss of consortium.  

The Meyers & Flowers team acted swiftly to resolve our client’s case in little over a year from filing, incurring minimal litigation costs to maximize Jose’s recovery, helping him receive additional therapy and start rebuilding his quality of life. 

At Meyers & Flowers, we understand the tremendous physical and financial toll a car accident can take on not only you, but your family.  Our team of experienced injury attorneys knows how to treat your case with the compassion and relentless advocacy it deserves – your case is not just another file to us.  If you or a family member has been involved in a  car crash  or  trucking accident , please contact Meyers & Flowers at [email protected] , (630) 232-6333, or online to request a free case evaluation. 

On April 14, 2018, Ed and Carol were driving home from dinner when they exited a parking lot onto Naper Blvd. in DuPage County.  Within seconds of exiting the parking lot, Ed and Carol were violently struck head-on by a teen driver who lost control of his large pick-up truck, crossed the centerline, and crashed into the front of Ed & Carol’s sedan.   

Following the crash, both Ed and Carol were rushed to the emergency room.  Ed was required to undergo a neck surgery and two shoulder surgeries.  Carol sustained eight rib fractures and a sternum fracture.

Despite Ed & Carol’s serious injuries, the defendant did not offer a settlement prior to the Meyers & Flowers team, led by trial attorneys Jonathan P. Mincieli and Thomas M. Connelly, filing a lawsuit.

In the early stages of litigation, Mr. Mincieli and Mr. Connelly aggressively pursued a settlement for Ed and Carol to earn rightful compensation and gain closure for this life-altering crash, and ultimately obtained favorable deposition testimony from the defendant, who admitted to driving too fast for conditions.     

The entire Meyers & Flowers team worked tirelessly to efficiently resolve Ed & Carol’s case within 11 months of filing the lawsuit and incurring minimal litigation costs, allowing Ed & Carol to maximize their recovery.

“A few days after our accident, Peter Flowers came to our home and assured us that his firm would fight for us.  While we will always have our injuries, we are very happy with the settlement that Meyers & Flowers was able to negotiate.  The team at Meyers & Flowers worked hard for us and showed us empathy.  We thank them for all that they did for us,” said Ed.

Our firm demands swift justice for those who have been injured by the negligence of others.  If you or a loved one has been a victim of negligence, please contact the Meyers & Flowers team of trial attorneys at [email protected], (630) 232-6333, or online to request a free case evaluation.