Woman Faces Civil Suit

Thursday, August 2, 2012

Woman Faces Civil Suit

Written by Malman Law, reviewed by Steve J. Malman.

“Though all traffic tickets have been dropped against a Buffalo Grove woman who authorities say caused a fatal crash after checking her cellphone, prosecutors say the move clears the way for potentially more serious charges,” reports the Chicago Tribune.

Our Chicago car accident attorneys have been pleased to see increasingly strict bans and legislation enacted to prevent texting while driving; unfortunately, as in this case, people still use their cell phones while driving.

The young woman in question, Kelly Luch, received citations for improper lane use, driving on the shoulder and texting while driving following a car accident on August 1 that wounded 39 year old Marcin Niepsuj, a father of two. Unfortunately, Niepsuj passed away as a result of the injuries he sustained following the car accident on September 1. After his passing, officials began considering upgrading the charges against Luch.

“The tickets against Luch were dropped last week because prosecutors didn’t want her to be able to plead guilty to the citations, jeopardizing the chance to lodge more serious charges, prosecutors said, adding that Illinois State Police continue to investigate,” according to the Trib.

Luch, while admitting that she had picked up the phone to look in her contact list to make a phone call and dropped it on the passenger seat so she could changes lanes, has indicated that her cellphone use did not lead to the accident. The young woman said after the crash that after changing lanes she was forced to swerve to avoid debris and overcorrected, causing her to strike Niepsuj’s truck. Niepsuj was changing a tire on the shoulder at the time.

Luch is now likely facing more serious charges for the crash as well as a civil suit – likely a Chicago wrongful death suit – from the man’s family and teenaged daughters.

Texting and Driving Leads to Chicago Car Accidents

If you or a loved one have been in an accident caused by another driver texting and driving, you need to speak with an experienced Chicago car accident attorney right away. We have successfully tried many cases on behalf of families who have been the victims of Chicago car accidents caused by texting and driving. Our team of qualified Chicago car accident attorneys will help you receive compensation for your pain and suffering so that you can focus on getting better following your traumatic experience.