Power Rogers & Smith Partner Thomas Siracusa Secures Settlement in Wrongful Death Case

Posted By Power Rogers & Smith, P.C. || 1-Mar-2017

After almost a year and a half of legal battles, the family of a mother and two children killed while crossing the street secured a settlement to cover their bills and damages incurred. Power Rogers & Smith attorney Tom Siracusa represented the father of one of the decedents throughout the litigation and negotiations.

A mother and her two children, a nine-year-old daughter and four-year-old son, were struck and killed by a truck while crossing the street within a crosswalk in Chicago in March of 2015. A witness described the event and said that the three were

“struck like dominos…the truck rolled over the adult, then rolled over the next person and the next person with the front of the truck.”

According to testimony and witness statements, the mother and her two children were holding hands as they crossed the street with the light in their favor and within the crosswalk when the driver of the tractor-trailer attempted to make a left-hand turn. One witness described the women waving her arms in an attempt to alert the driver, who still failed to notice the pedestrians in his path.

All three were in critical condition when paramedics arrived on the scene. They were taken to nearby hospitals for emergency treatment, but all succumbed to their injuries despite physicians’ best efforts.

The Plaintiff filed suit alleging that the truck driver:

  • Failed to exercise due care to avoid colliding with pedestrians in violation of 625 ILCS 5/11-1003
  • Failed to yield to pedestrians in a crosswalk in violation of 625 ILCS 5/11-1002 and MCC 24-050
  • Carelessly and negligently made an improper left turn on two-way roadway in violation of MCC16-020(b)
  • Carelessly and negligently failed to yield to the right of way at an intersection to a pedestrian before proceeding with a left hand turn in violation of 625 ILCS 5/11-902
  • Carelessly and negligently failing to maintain a proper lookout
  • Carelessly and negligently made a left hand turn while his vision was impaired and/or obstructed
  • While this settlement can never undo the wrong that was done, the recovery helps cover medical and funeral expenses and provide for the victims’ family members. Additionally, this litigation provided important notice to professional drivers that they must always maintain a proper lookout when operating a commercial vehicle.

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