Deadly Crash Results in Multiple DUI Charges for Driver

As reported on the My Suburban Life website, 32-year-old Daniel Clark is facing aggravated DUI charges following an accident that killed 42-year-old Frank Caruso and injured a police officer.

The crash happened early on the morning of Saturday, February 11^th, when Clark hit a parked police car on the Eisenhower Expressway. Mr. Caruso and a state trooper were inside warming up after the trooper responded to a minor accident that Caruso had previously been involved in. The police officer suffered a potential concussion, but is expected to undergo a full recovery. One additional person was taken to the hospital following the accident but their status is unknown.

Mr. Clark was charged with two separate counts of driving under the influence of alcohol, one including the “causing death” clause. As of the next day, he was being held at a DuPage County jail on $1 million bond.

As explained in the 2012 DUI Fact Book, in Illinois, any felony DUI charge is classified as an “aggravated DUI.” This includes (but isn’t limited to) a drunk driving charge that is obtained by someone without a valid driver’s license or while driving a school bus. DUIs that result in accidents causing great body harm or death are also classified as aggravated DUI charges in Illinois, as are an individual’s third drunk driving charge (or any subsequent.)

If you’re convicted of an aggravated DUI in Chicago, you could see penalties including significant fines and/or prison time. It’s necessary to hire a qualified Orland Park DUI attorney such as James A. Payonk, Jr. to represent you. Click here to contact Chicago criminal defense lawyer James Payonk for a no-obligation consultation.

Two Seriously Injured in Multi-Car Chicago Crash

Early last Sunday morning, a Oldsmobile Sierra cruised through a red light at the intersection at 106th Street and Ewing Avenue, hitting another vehicle and causing a multi-car crash that seriously injured two.

According to MyFoxChicago.com, the Sierra was driving at a high rate of speed on Ewing Avenue, when it ran the red light, hitting a Dodge Durango that was driving east on 106th Street. That impact led to two other vehicles – a Cadillac CTS and a Chevrolet Malibu – also being hit. The occupants of the Cadillac and Chevy refused medical treatment. The driver of the Oldsmobile and one other person were taken to Advocate Christ Medical Center for treatment, where they’re said to be in critical condition. The accident blocked the road and resulted in some South Chicago buses being forced to alter their routes.

As of Monday morning, January 30th, the police were still investigating the crash, and no citations or charges had been issued.

(Image credit: Stuart Miles)

If you’ve been injured in a car accident that was someone else’s fault, you deserve to be compensated for your losses. You could be entitled to money for medical bills, lost wages, or even pain and suffering. Click here to contact Orland Park auto accident attorney James Payonk Jr. to discuss your case.

Payonk Client receives not guilty on DUI charge

I recently represented a client charged with DUI, no insurance on the vehicle, driving without a license, improper lane usage and improper use of a turn signal.  No accident was involved, and no person was injured.  The police had pulled my client over for her alleged improper lane usage and failure to properly signal her turn.  After she was pulled over, the officer administered field sobriety tests, which she allegedly failed.  She took the breathylizer test and blew well over the legal limit.  She was charged with two counts of DUI, driving without a license, driving without insurance, failure to properly signal, and improper lane usage.

Many attorneys would look at the facts and tell the client to plead guilty and move on.  I filed a motion asking the court to suppress all of the evidence recovered by the police because the officer did not have probable cause to stop the vehicle.  After a hearing where the officer testified, the Court granted the motion and suppressed all of the evidence. This included all evidence that my client was driving without a license, had no insurance, and was under the influence of alcohol.

Even after this ruling, the State pressed on and wanted a trial.  Prior to trial, I filed another motion seeking to bar all evidence from being presented at trial.  The Judge granted this motion and all charges against my client were dismissed.

You want a Orland Park criminal attorney who is experienced, can identify issues, and who will not hesitate to fight for your rights and do what is necessary to get the best result for you.

James Payonk Client Receives $1.6 Million Settlement for back injury.

I represented a client who was injured due to the negligence of the Defendant.   My client was required to have back surgery.  My client had just retired from his job after over 30 years of work, and was about to begin enjoying his retirement with his wife and grandchildren.  Suit was filed and over a dozen depositions were taken regarding responsibility for the injury and the injury itself.  Prior to trial, a settlement with a value in excess of $1.6 million was reached.  You need an experienced truck accident attorney who will aggressively fight for you so that you receive full and fair compensation for your injuries.  I am an experienced Cook County personal injury attorney who will do just that, whether you are involved in a car accident, truck accident, hurt on the job, or are the victim of medical malpractice.

The Police Must Have Probable Cause to Arrest

When you are charged with a crime, especially a serious crime, you need a criminal attorney who can examine every aspect of the case, from the time you were arrested until the time you were released on bond.  Many times, police violate the rights of the accused under both the Illinois and Unites States Constitutions.  When charged with a crime, you need and experienced, creative, aggressive, criminal attorney who will fight for your rights, not just tell you to plead guilty.  A recent opinion from the Illinois Court of Appeals is an excellent example of defending a client to the fullest extent of the law.

A person was standing at a drug spot, on the street, yelling “dro, dro”.  The police arrested him for violating a city ordinance prohibiting solicitation of unlawful business on the street.  Of course, when he was searched by the police after the arrest, the police found a rather large quantity of drugs in his possession.  The arrest was challenged, contending the police did not have probable cause for the arrest.  The court found that there was probably cause, and the defendant was sentenced.  On appeal, the court found that the police did not have probable cause to believe a crime or ordinance violation was being committed or about to be committed.  The defendant won his case on appeal.

Do you want an attorney who will look at a case like this and tell you there is nothing he can do, and that the police have a good case?  Or do you want an attorney who will challenge the arrest and fight for you? Contact Orland Park Criminal Attorney James Payonk today.

Farmers Insurance Settles Class Action Lawsuit for Failure To Pay Medical Expenses For Persons Who Purchased Certain Farmers Insurance Coverage

LOS ANGELES, Aug. 5, 2011 /PRNewswire/ — Farmers Insurance announced today that it entered into a settlement of a nationwide class action lawsuit, In Re Farmers Med-Pay Litigation, pending in the District Court of Canadian County, Oklahoma (the “Court”).

The settlement includes Farmers Insurance Company, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers Group, Inc., Illinois Farmers Insurance Company, and certain related entities (collectively, “Farmers”).  The Court preliminarily approved the settlement on June 20, 2011.

Plaintiffs alleged that Farmers failed to pay reasonable expenses for necessary medical services related to automobile accidents under Medical Payments (“Med-pay”) and Personal Injury Protection (“PIP”) coverage in automobile policies based on Farmers’ use of certain claim adjustment systems and procedures.  Farmers denies all of Plaintiffs’ claims in the lawsuit.  However, Farmers agreed to resolve the lawsuit to avoid the burden and expense of continued litigation.

The Settlement Class includes all persons who submitted claims for payment of medical bills related to an automobile accident under Med-pay or PIP coverage if (a) the claim was adjusted from January 1, 2001 to February 9, 2009 based upon a recommended reduction from Zurich Services Corporation (“ZSC”), (b) the claim was paid at less than the amount billed, and (c) total Med-pay or PIP payments were less than the respective limits of coverage.  The Class also includes medical providers who were assigned the right to assert these claims.

Individuals or medical providers with questions about the lawsuit or the settlement can visit www.MedpayClaimsAdministration.com or call 1-877-846-0588 for more information and to get a claim form.  Claim forms must be postmarked by December 29, 2011.  Those affected by this settlement can submit a claim for benefits or they can ask to be excluded from, or object to, the settlement and its terms.  The deadline for exclusions and objections is October 29, 2011.  The Court will decide whether to grant final approval of the Settlement at a Hearing currently scheduled for November 29, 2011.

If you are involved in an automobile accident, truck accident or motorcycle accident, you need an attorney experienced in dealing with insurance companies and who will aggressively seek the full compensation to which you are entitled.

2 killed, 2 seriously hurt in wrong-way crash on tollway

August 11, 2011

Illinois State Police are still investigating a motor vehicle crash which killed tow people and seriously injured two others.

According to Illinois State Police Master Sgt. Carlita Joe, a red 2006 Porsche was on the eastbound lanes of the Reagan Tollway (Int. Hwy. 88) when the driver used an emergency vehicle turnaround just next to the Morton Arboretum in Lisle to cross into the westbound lanes about 6:28 p.m. Saturday.

The driver of the Porsche then continued east and hit a 2004 silver Toyota Corolla as it headed west in the second lane from the median, Joe said that one victim was pronounced dead at the scene, while another was taken to Edward Hospital in Naperville, where she was pronounced dead a short time later.

A passenger in the silver Toyota Corolla was taken to Edward and later moved Advocate Good Samaritan Hospital in Downers Grove. The driver of the Porsche, a 43-year-old man from Naperville, was taken to Good Samaritan with life-threatening injuries, police said.

Two other vehicles were also involved, a Ford Windstar and a Mazda, but no one in those vehicles were injured, police said. Joe said that it is not known if alcohol or drugs played a role in the crash, which remains under investigation.

If you or someone you love has been injured or involved in a car accident, contact  Cook County personal injury lawyer James A. Payonk Jr. today.