Justia Lawyer Rating for David M. Barish

Road rage and aggressive driving can take many dangerous forms. It might involve speeding, swerving, cutting off another driver with an abrupt lane change, “brake checking” (slamming on brakes in front of a tailgater to dissuade the tailgater from following too closely), passing on the shoulder or excessive use of a car horn or headlights/high-beams. Regrettably, road rage can also lead to auto accidents and serious injuries, including fatalities. Certainly, the best course of action when facing an aggressive driver is to avoid that person. If you cannot, and if you are injured in a road rage-related accident, you may be entitled to compensation in a civil case. As with any auto accident injury situation, reach out to a knowledgeable Chicago injury attorney to learn more about your options.

Recently, the Sun-Times covered the criminal case of a Chicago police dispatcher accused of attempted murder in a road rage case. The accused, K.M., and the alleged victim, S.G., were driving down South Ashland Avenue in Chicago. K.M. allegedly tried to cut off S.G., but S.G. blocked her. A verbal argument, complete with alleged racial slurs, ensued and S.G. tossed a large cup of soda into K.M.’s car. The pair ended up in a parking lot, where the verbal dispute turned physical. As the fight escalated, K.M. pulled a gun and shot S.G. in the chest, inflicting non-fatal injuries.

In the criminal case, K.M. was not convicted because the judge determined she acted in self-defense, the Sun-Times reported. However, in addition to the criminal case, K.M. also faced a civil suit pursued by S.G. Just because K.M. won her criminal case, that outcome does not automatically dictate that S.G. cannot succeed in her claim for civil damages, which is still ongoing in the courts.

Many times, a truck accident has the potential to change the lives of multiple people… and change them forever. Those killed have their lives cut needlessly short. The decedent’s loved ones must deal with the emotional and the financial fallout of the unexpected loss. Obviously, no amount of money can take the place of the love, support, companionship, affection and wisdom of a lost loved one. That undeniable fact does not, however, change another fact, which is that the untimely loss of a loved one may create a massive financial hardship for those left behind.

A fatally injured victim in his 40s may have had a spouse and teenage children at home, and that family likely relied in whole or in part upon that person’s income to make ends meet. A person in her mid 60s may also still be working and providing both emotional and financial support to her family members. A victim in his 20s may be newly married with an infant at home who relied on her in many ways. All of these families could have suffered incalculable emotional losses and extensive financial ones, as well. An experienced Chicago truck accident attorney can help you in this vulnerable time to deal with the legal side of your needs.

Recently, the Illinois Supreme Court entered a ruling in a long-running case involving a tragic accident in Will County. J.S. was a 66-year-old husband and father of two from Naperville who had made a career in the commercial lending business. J.S., along with T.S., a 42-year-old man from Seneca (as well as many other drivers), were traveling along northbound Interstate 55 near Plainfield when the lives of their families and many others would be forever changed. At a little before 10 a.m., there was a wreck along I-55 and that had caused a backup. D.H., a trucker from Utah hauling a load of potatoes from Idaho to Bolingbrook, did not notice the slowed traffic in front of her soon enough. She tried to stop, but her truck slammed into the vehicles in front of her.

Cars often weigh around 2,700 to 4,000 pounds. Pickup trucks, vans and SUVs weigh 4,000-6,000 pounds. A commercial truck carrying a full load might weigh as much as 80,000 pounds. Clearly, the unavoidable physics associated with these numbers tells you that, in a collision between a commercial truck and a passenger vehicle, the amount of damage to the driver and passengers of the car/pickup/van/SUV can be catastrophic as the smaller vehicle will likely bear the brunt of the impact. The harm these people suffer can be horrific and permanently life-altering. The accident may create a need for a lifetime of medical care, and perhaps permanent disability. To get the financial recovery you need as a result of such a wreck, you may need to avail yourself to the legal system. If that happens to you in Illinois, be sure you have retained a skilled Illinois truck accident attorney to help you with your case.

A recent case that made news headlines demonstrates just how severe these damages can be. J.B., a mom of three, lost control of her pickup truck along a stretch of eastbound Interstate 20 in west Texas when she allegedly hit a patch of icy roadway. The pickup skidded across the roadway and into the westbound lanes. At that point, a commercial truck driver was headed westbound. The big rig slammed into the pickup.

The results of the crash were tragic. A report from cdllife.com indicated that the mom and the one child suffered substantial brain injuries. J.B.’s 12-year-old daughter was left with permanent paralysis that meant that she would be a quadriplegic for the rest of life, forever requiring 24-hour care. The accident killed J.B.’s 7-year-old son.

Sometimes, things that may seem small can be enormously important to your injury case. For example, a recent case turned on whether or not a walkway qualified as a sidewalk or not under Illinois law. This example highlights the fact that any injury case can contain seemingly minute nuances that make all of the difference between success and defeat. To make sure that your case has a strong chance of success, be sure that you have retained the representation of a knowledgeable Chicago injury attorney.

The injury that led to the case happened when Rita slipped and fell on an area of ice near the rear of her condominium building in Chicago. Rita sued both the condo association and the property management company. Rita’s case, as supported by the testimony of her expert witness, was that the man who performed snow removal had cleared snow from the area by pushing it into tall piles, that the mound of snow began to melt in warmer temperatures, and that the water began flowing down the area’s sloped surface and re-froze when the temperatures dropped again.

The area where Rita fell looked “not very different from a standard alley in Chicago,” according to the court. The area was used by condo residents to park their vehicles and also sometimes used by residents to walk to the building’s rear entrance. The legal definition of the area was the key to the case because the crux of the condo association and the management company’s defense was that they were immune, under Illinois’ Snow and Ice Removal Act, from any lawsuit related to the removal of snow from a sidewalk abutting a property.

The following op-ed was by ITLA President Mark D. Prince was published in the Peoria Journal Star on January 5, 2019.

Spotlight: Workers’ comp reform needed to reduce premium rates

In the span of less than a decade, the price paid by Illinois employers for workers’ compensation insurance dropped from third highest in the nation, as compared to other states, down to 22nd on the list.

If you have suffered an injury while walking along a public sidewalk in Illinois, you may have a claim for damages. To succeed, you have to prove that the injuries you suffered were a result of negligence on the part of the person or entity that was in control of the sidewalk. In the case of one Northern Illinois woman, she received a six-figure settlement from one Will County city after she slipped and fell due to a sidewalk hazard, according to a patch.com report. The substantial settlement in this case serves as a reminder of the significant amount of damages that may result from these types of injuries. If you’ve been hurt walking on a public sidewalk, you should reach out right away to a Chicago premises liability lawyer about your situation.

The recently settled case involved a sidewalk injury suffered by a pedestrian named Estella, who was walking along a sidewalk near a bus station when she slipped and fell. As the pedestrian passed in front of a funeral home, she encountered an area of sidewalk that was allegedly improperly maintained. Specifically, the problem was where an old sign for the bus provider had stood. At some point, the sign was removed, but the “anchor” into which the sign was placed was not. This remnant from the old sign protruded from the ground and was the hazard that eventually caused Estella’s fall and subsequent injuries, according to her lawsuit.

In Illinois, you can pursue a claim for a public sidewalk injury like Estella’s if you can demonstrate certain things to the court. You have to establish that the entity responsible for the sidewalk was negligent in some way. In sidewalk cases like this, that generally involves failing to take proper action either to repair a dangerous condition in the sidewalk or to warn users of the sidewalk about that hazard. A successful case also will involve proof that the entity responsible for the sidewalk either knew about the problem or reasonably should have known about the hazard.

Tesla’s long-simmering relationship with the United Auto Workers is heating up again.

As part of an ongoing effort to organize the electric automaker’s Fremont, California, assembly factory, the union has filed a string of unfair labor-practice charges and safety complaints with the National Labor Relations Board. These include allegations that…… (click here to read the full article via CNBC)

Whether you are pursuing workers’ compensation, Social Security disability benefits or benefits under some other statutory basis, one of the fundamental keys to success is making sure that the case you present demonstrates that your circumstances fit within all the criteria established by the law. This means understanding not just the facts of your case, but all the “ins” and “outs” of the statute. To make sure than you give yourself the best chance possible to recover benefits, be sure to retain a skilled Chicago injury lawyer to handle your case.

An example of how precise these cases can be was the case of J.M., a police officer in a suburb of Chicago. One night, after 26 years on the force, J.M. hurt his knee inspecting a commercial truck that he suspected of being overweight. Medical providers later diagnosed the officer with two torn tendons in his left knee. He underwent surgery but his condition did not improve. He ultimately had total knee replacement 16 months after the original accident.

After that second medical procedure, J.M. filed a claim for disability benefits under the Public Safety Employee Benefits Act. To receive the sort of benefits that J.M. sought under the PSEBA, he was required to show that his injury took place in course of one of four specific situations. Those were: hot pursuit, an emergency (actual or perceived,) an unlawful act by another person or the investigation of a criminal act.

Each auto accident injury scenario comes with its own set of unique elements. These elements can sometimes be confusing, even to a sophisticated lay person. That is one of many reasons why it pays to consult an experienced Chicago injury attorney about your situation and your options for compensation. For example, if you were a rider in rideshare vehicle and that vehicle was hit head-on by a drunk driver, would you know what to do and whom you could sue? What about if, during their investigation, the police found out that your rideshare driver had taken drugs and had those drugs in her system when the crash happened-would you know how to proceed in that circumstance?

That exact scenario occured in an accident that injured a man named A.V. According to a Chicago Sun-Times report, A.V. was a passenger in a Toyota Camry driven by E.R, a Lyft driver. As E.R. drove through the Humboldt Park community at roughly 3:55 a.m., the vehicle was involved in a head-on collision with an SUV driven by T.A. Police later concluded that T.A. was driving drunk. The accident inflicted serious harm to E.R. and caused fatal injuries to A.B., another passenger in E.R.’s vehicle. A.V. suffered head injuries and a concussion, the Sun-Times indicated.

In a circumstance like this, you might believe that, if you were in a position like A.V., your legal recourse is simple: pursuing a claim for damages against T.A. However, the reality of cases like these is that they can often be more complicated than they appear on the surface. In A.V.’s case, T.A. was driving drunk. However, law enforcement also discovered, as part of its investigation, that E.R. was under the influence of a drug when she was driving her Lyft vehicle at the time of the accident.

If you are a close loved one of someone who died in an auto accident, you likely have many things on your plate in the days, weeks and months after the tragic incident. You may be dealing with interactions with friends and family. You may be dealing with the deceased’s personal effects and final arrangements. You are doubtlessly dealing with your own emotions. On top of all that, there may the matter of possible legal action based upon the accident. As you deal with the multitude of personal and family issues that require your attention, leave the litigation issues to the legal professionals. Retain knowledgeable Chicago auto accident counsel to be sure that your case gets the legal representation it needs.

Patch.com recently reported on a wrongful death filing submitted in nearby Will County. In that civil court complaint, the estate of a woman fatally injured in a crash just west of Joliet had sued two drivers. The complaint alleged that J.B., an elderly woman, was riding in a minivan that was being driven by E.C., her caretaker. E.C. was traveling west on a city street near an interstate overpass. A.R. was driving his 1999 Mitsubishi eastbound on the same road. As the two vehicles crossed paths, a massive collision occurred.

The lawsuit named both E.C. and A.R. as defendants. The complaint alleged E.C. was negligent in her driving and therefore liable. Specifically, the lawsuit asserted that E.C. had a solid red traffic light in her direction but that, in spite of her red light, she improperly failed to yield the right of way. The lawsuit also named A.R. and asserted that he was negligent.