
CHICAGO, June 9, 2026 /PRNewswire/ -- John J. Malm & Associates, a personal injury law firm with offices in Naperville and St. Charles that represents injury victims across Illinois, is pleased to announce an $823,000 pre-suit settlement on behalf of an electric scooter rider who suffered serious injuries after being struck by a motor vehicle in Chicago. The settlement was achieved without filing a lawsuit after the firm's investigation uncovered critical evidence demonstrating that the client had been incorrectly blamed for the collision despite never being interviewed by police.
The case highlights the importance of independent investigation in serious injury claims and demonstrates how incomplete information can affect the outcome of a traffic crash investigation. Through extensive Freedom of Information Act (FOIA) requests, careful review of body-worn camera footage, and a thorough examination of the circumstances surrounding the crash, attorneys at John J. Malm & Associates were able to establish facts that were never considered during the initial investigation and ultimately secure a substantial recovery for the injured client.
"This case serves as a reminder that police reports are important, but they are not infallible," said John J. Malm, founder of John J. Malm & Associates. "When someone suffers a serious injury, especially when language barriers exist, it is essential to conduct an independent investigation and make sure all of the facts are considered before conclusions are reached."
A Serious Chicago E-Scooter Collision
The crash occurred on January 9, 2025, when the client was crossing the street on an electric scooter in Chicago. As he proceeded through the intersection, he was struck by a motor vehicle, causing him to be thrown from the scooter and sustain significant injuries.
In the chaotic aftermath of the collision, the client faced an additional challenge beyond his physical injuries. As a non-native English speaker, he experienced difficulty communicating with law enforcement officers responding to the scene. At the same time, the driver involved in the collision provided an account that placed responsibility for the crash on the client.
Based on the information gathered at the scene, the Illinois Traffic Crash Report identified the client as the at-fault unit. For many injured individuals, such a finding can create significant obstacles when seeking compensation. Insurance companies often place considerable weight on police reports during their evaluation of liability, and an adverse fault determination can dramatically affect settlement negotiations.
The client's injuries were serious enough that he required immediate medical attention and transportation from the scene by ambulance. Yet despite the severity of his condition, his account of the crash was never documented by investigators before fault was assigned.
Looking Beyond the Police Report
Rather than accepting the conclusions contained in the crash report, attorneys at John J. Malm & Associates conducted an exhaustive investigation into the circumstances surrounding the collision.
The legal team began gathering evidence immediately and sought records from multiple sources to better understand exactly what had occurred. During the course of the investigation, attorneys submitted multiple Freedom of Information Act requests seeking body-worn camera footage and other materials generated during the police investigation.
When the footage was obtained and reviewed, it revealed a critical fact that fundamentally changed the case. Although fault had been assigned to the client, officers never interviewed him at the scene. Further review established that they also never interviewed him at the hospital before preparing the crash report. As a result, the report assigning fault was completed without investigators obtaining the client's version of events.
"The most significant fact in this case was not what the police report said, it was what the police report omitted," Malm said. "Our client was assigned fault for a serious crash despite never being interviewed. Once we obtained the body-worn camera footage and established that fact, the case looked very different."
The firm continued its investigation by obtaining additional information and working with the client to document his recollection of the collision. The client consistently maintained that he was lawfully within the crosswalk when the crash occurred.
After assembling the available evidence, the firm presented the insurance company with a comprehensive explanation of the deficiencies in the original fault determination. Attorneys demonstrated that the initial investigation was incomplete because one of the principal participants in the collision had never been interviewed before responsibility was assigned. As the evidence was developed and presented, the liability picture changed substantially.
"This case illustrates why lawyers should never simply assume that a police report tells the entire story," Malm said. "Police officers frequently have to make decisions under difficult circumstances, often with limited information. That is precisely why independent investigation is so important. Our responsibility is to uncover every relevant fact and ensure that our clients' voices are heard."
Serious Orthopedic Injuries Require Extensive Medical Treatment
The collision caused severe injuries to the client's lower leg and ankle. Following his transport by ambulance, physicians diagnosed him with a displaced transverse fracture of the medial malleolus and a displaced fracture of the distal fibular diaphysis. These injuries required significant medical intervention and a lengthy period of recovery.
The client ultimately underwent surgery to repair the fractures and stabilize his ankle. Following the procedure, he endured months of rehabilitation and physical therapy designed to restore strength, mobility, and function.
Recovery from a significant ankle fracture is rarely straightforward. In addition to coping with pain and physical limitations, patients often face restrictions on walking, standing, driving, and performing routine daily activities. For many individuals, recovery can extend well beyond the initial surgery.
Unfortunately, the client's medical challenges did not end after his first procedure. Approximately ten months later, he was required to undergo a second surgery to remove orthopedic hardware that had been implanted during the original operation. The additional procedure prolonged his recovery and created further disruption to his personal and professional life.
Beyond the financial burden, the injuries affected nearly every aspect of the client's daily routine. Activities that many people take for granted became difficult or impossible during portions of his recovery. The physical and emotional toll of the collision continued long after the initial impact.
Impact on Education and Future Ministry
The client's injuries came at a particularly important time in his life. At the time of the collision, he was pursuing a Master of Divinity degree and preparing for a future career in ministry. His studies required regular attendance, participation in coursework, and ongoing academic commitments. The physical demands of recovery, combined with medical appointments, therapy sessions, and surgical treatment, significantly interfered with those goals.
As a result of his injuries, the client missed numerous classes and experienced delays in completing his graduate education. The collision disrupted not only his immediate academic progress, but also his long-term plans to enter pastoral ministry.
For individuals pursuing advanced degrees and professional careers, a serious injury can create consequences that extend far beyond medical treatment. Lost opportunities, delayed educational milestones, and interruptions to career development can have lasting effects that are difficult to measure.
"The impact of a serious injury cannot be evaluated solely by looking at medical bills," Malm said. "You have to consider how the injury affects a person's goals, education, family life, and future opportunities. In this case, our client was working toward a calling in ministry, and the crash significantly disrupted that journey."
The Challenges Faced by Non-English Speakers After Serious Accidents
Malm noted that the case also highlights challenges frequently faced by individuals who do not speak English as their primary language. Following a traumatic accident, injured individuals may be in pain, receiving emergency medical treatment, or attempting to communicate in unfamiliar circumstances. When language barriers exist, important information can sometimes be overlooked or misunderstood.
"Police officers often have to make decisions based on the information available to them, and they are generally doing their best to determine what happened," Malm said. "However, when an injured person faces a language barrier, critical facts can sometimes be overlooked or misunderstood."
In many accident investigations, objective evidence such as surveillance footage, dash camera recordings, photographs, physical evidence, and witness testimony can help establish what occurred. Such evidence often becomes especially important when communication difficulties exist. In this case, however, the issue extended beyond language alone.
"Our client was never interviewed before fault was assigned," Malm said. "Once we obtained the body-worn camera footage and demonstrated that he had not been given an opportunity to tell his side of the story, the entire case changed. Every injured person deserves to be heard regardless of the language they speak."
According to Malm, the case underscores the importance of conducting thorough investigations and carefully evaluating all available evidence before reaching conclusions regarding fault.
"This settlement reflects more than the seriousness of our client's injuries," Malm said. "It reflects the importance of uncovering the truth. When critical information is missing, lawyers have an obligation to keep investigating until the full story emerges."
Achieving Justice Without Litigation
Ultimately, the evidence developed during the firm's investigation persuaded the insurance company to resolve the claim before a lawsuit was filed. The resulting $823,000 settlement provides compensation for the client's medical expenses, pain and suffering, loss of normal life, and the long-term consequences of his injuries.
Resolving the case before litigation allowed the client to obtain compensation without the additional delays, expense, and uncertainty often associated with prolonged court proceedings.
"The ability to resolve this case before filing suit reflects the strength of the evidence and the work our team invested in uncovering the truth," Malm said. "We are proud to have helped our client obtain justice and move forward with his education and future ministry."
Media Contact
John J. Malm & Associates
Naperville & St. Charles, Illinois
Phone: 630-527-4177
Toll-Free: 844-MALMLAW
Website: www.malmlegal.com
About John J. Malm & Associates
John J. Malm & Associates is a personal injury law firm with offices in Naperville and St. Charles, Illinois, representing injury victims across Illinois. With more than 100 years of combined legal experience and more than $100 million recovered for clients, the firm is dedicated to helping injured individuals obtain the compensation they deserve and holding negligent parties accountable. The firm handles complex injury cases involving car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, e-scooter accidents, premises liability, wrongful death, and other serious personal injury matters.
For more information about John J. Malm & Associates or to discuss a potential personal injury claim, call 630-527-4177 or 844-MALMLAW, or visit www.malmlegal.com.
SOURCE John J. Malm & Associates Personal Injury Lawyers
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