What Compensation Can Be Gained After a Truck Accident

 Posted on December 00, 0000 in Truck Accidents

 Any accident on the road can be traumatizing, but getting in an accident with a semi-truck can produce especially fatal or life-changing results. Commercial trucks weigh significantly more than other passenger vehicles, so any impact with a truck can destroy your car and produce serious injuries. The majority of deaths in truck collisions are people in passenger cars according to the U.S. Department of Transportation. In 2017, over 4,000 people in the United States were victim to truck accidents compared to 683 deaths of truck occupants in the same year.

How Do Truck Accidents Happen?

Although there are precautions made by truck drivers and suppliers, fatal accidents involving large commercial trucks still occur. When a driver is responsible for negligence, it is most commonly due to overworking. There are laws in place to prevent truck drivers from overworking. A fatigued driver is less aware of what is on the road and will have a delayed reaction time, that otherwise could have saved lives. A truck accident can also occur because of poorly maintained equipment. It is the truck company’s responsibility to keep unsafe trucks and trucking equipment off the road. Additionally, a truck driver should also be aware of how a truck is performing and report any overlooked or occurred damage. Poor weather conditions also contribute to the reasons truck accidents happen. With the size and weight of semi-trucks, they take longer to stop. If a truck driver is going too fast for the weather and needs to stop suddenly, no amount of reaction time will prevent the truck from sliding into traffic.

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Spinal Cord Injuries and Car Accidents

 Posted on December 00, 0000 in Uncategorized

Although injuries to the spinal cord can be caused by violence, disease, and falls, auto accidents account for half of all new spinal cord injuries. An injury to the spinal cord can have lasting effects, including permanent paralyzation. Advances in technology have allowed people with nervous system damage to live comfortable and productive lives, but there is still no cure for spinal cord injuries. If a person is injured severely due to the negligence of another driver, they deserve compensation for their pain and suffering.

Damage to any part of the spinal cord, or nerve ends of the spinal canal, will impact functionality or sensation based on the location and severity of the injury. Depending on the injury caused by the car, truck, or motorcycle accident, a victim of spinal cord damage may experience the following:

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Steps to Take After a Slip and Fall

 Posted on December 00, 0000 in Slip and Fall Accidents

A slip and fall can happen anywhere. Whether on private property or in a business, a slip and fall caused by negligence can result in compensation for the injured party to cover medical expenses, suffering, or lost wages. Falls can result in a variety of injuries, and like a car accident, some injuries may not be obvious.

Negligence Explained: When it comes to a slip and fall, if the accident could have been prevented, a property or business owner may be negligent. They may not be aiming for someone to be injured, but it was their lack of action that makes them responsible. This may include wet floors or poor lighting. Even if a property owner was knowledgeable about the danger, they have a minimal obligation to post a warning or barrier. Negligence is a key factor in winning a slip and fall case.

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Electronic Warrants and DUI

 Posted on December 00, 0000 in DUI

By: Kal Issa

In Illinois, under most circumstances, police are required to either obtain a warrant or a driver’s consent in order to obtain a blood sample in order to test for the presence and/or amount of alcohol or other illicit substances in the driver’ system.[1] When a motorist refuses to consent to such a blood draw and testing, police are required to obtain a search warrant, which generally may take some time depending on the day of the week, location of the investigation and time of day as they are required to appear before a judge and lay out the facts that leads them to believe a warrant should be obtained.

However, many counties have taken advantage of an Illinois law that allows law enforcement to request and obtain a search warrant through electronic means, thereby making the process more efficient. In lieu of personally appearing before a judge, an officer can make an electronic request for a search warrant from a judge through video and audio transmission.[2] This would allow the investigating officer to immediately obtain a blood sample from the suspected impaired driver for testing and analysis.

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Rise in Accidents Involving Stopped Emergency Vehicles

 Posted on December 00, 0000 in Criminal Law

By: Kal Issa

Recently, there has been a spike in vehicle accidents involving stopped emergency vehicles, mainly Illinois State Police vehicles.[1] Unfortunately, some of these accidents have led to the death or serious injury to members of law enforcement. In Illinois, it has been nearly 20 years since lawmakers enacted a criminal statute to address this issue.

Scott’s Law, otherwise known as the “Move Over” law, requires motorists to change lanes away from the shoulder when there is an emergency vehicle parked on the shoulder with its emergency red, white, blue or yellow lights flashing.[2] If it not safe for the motorist to make this lane change, the motorist must proceed with due caution and reduce its speed. Scott’s Law was named after Scott Gillen, a Chicago firefighter who was struck and killed by a motorist while on the scene of a crash rendering emergency services.

With this recent rise in fatal accidents, it is fair to presume that prosecutors are ensuring that a motorist ticketed for violation of this law face tougher penalties. A violation of Scott’s Law is punishable by a fine of up to $10,000.00. Even if a violation of this law leads only to property damage to another, the motorist’s license will be suspended for a minimum of three months, up to one year.

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Birth Defects Caused By Medical Malpractice

 Posted on December 00, 0000 in Medical Malpractice

The majority of children are born healthy, but three to four percent of babies will be born with a birth defect. A birth defect is a physiological or physical health concern that is apparent when a child is born. A genetic defect is more likely if it runs in the family, but birth defects can also be caused by the negligence or mistake of a doctor, nurse, or hospital.

There are over 4,000 known birth defects, and although it is not a doctor’s fault for a genetic birth defect, there are tests that can identify some defects early such as, Down syndrome, Edwards syndrome, cystic fibrosis, or muscular dystrophy. How to move forward with a pregnancy can be determined by this genetic testing. Not providing these tests, or providing misinformation, can be considered negligent, and put a mother and baby at risk.

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Getting in an Accident with an Uninsured Driver

 Posted on December 00, 0000 in Car Accidents

For things not required by law, we purchase insurance as a safety precaution. That being said, liability car insurance is mandatory in 49 out of 50 states. Getting into a car accident with someone who is uninsured may be concerning, but it does not mean that you will not be paid.

What Is Liability Car Insurance?

When someone is found at fault for a car accident, it is the at-fault driver's automobile insurance company that pays the affected party. Each state has their own minimum rates of protection that drivers must reach. In Illinois, are minimums are as followed:

• Death or injury of one person - $25,000,
• Death or injury of multiple people - $50,000,
• Property damage - $20,000.

This insurance helps cover the medical expenses and lost wages of people injured in an accident, as well as your legal fees if you are sued.

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Who Is at Fault in a Pedestrian Accident?

 Posted on December 00, 0000 in Car Accidents

When getting in an auto accident, it is easy to blame the other person for what happened. The blame may feel more justified with another car or vehicle, but when a pedestrian is hit, the driver can feel villainized. However, just because a person was on foot instead of driving a car, does not mean that they can not be found responsible for an accident.

Pedestrian Accident Statistics

Cook County alone had 155,935 motor vehicle crashes in 2015. According to the Illinois Department Of Transportation, 146 out of 5,050 car accidents in the same year involving a pedestrian in Illinois, were fatal. The majority of the remainder resulted in injury.

Auto accidents are not often straightforward, but here are two examples of when a pedestrian would, or would not, be at fault for an accident.

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Recreational Marijuana Comes to Illinois

 Posted on December 00, 0000 in Uncategorized

By:  Kal Issa

Governor Pritzker, who has long touted marijuana reform as one of his concerns when running for the gubernatorial seat, will finally have the opportunity to enact a law long desired by a large number of Illinois citizens. The Illinois General Assembly has passed House Bill 1438 and it now awaits Governor Pritzker’s signature.

House Bill, known as The Cannabis Regulation and Tax Act set out a guideline of how marijuana sales and marijuana possession will be regulated.  It also completely decriminalizes the possession of certain amounts of Cannabis. Prior to the effective date of the new law, which is January 1, 2020, possession of less than 10 grams of Cannabis is a civil offense punishable by fine only, more than 10 grams but less than 30 grams is a Class B Misdemeanor and more than 30 grams could be charged as Class A Misdemeanor or a Felony depending on the amount actually possessed.

The new Cannabis law allows an Illinois resident 21 years of age or older to lawfully possess up to 30 grams of the Cannabis flower, up to 500 milligrams of THC contained in Cannabis related products and up to 5 grams of Cannabis concentrate. If you are not an Illinois resident, the law will still allow possession of Cannabis or THC, but at half of the above amounts.

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Car Accidents with Rideshare Services

 Posted on December 00, 0000 in Car Accidents

Services like Uber and Lyft have changed the way we get around. Instead of needing to hire a taxi company with hidden fees, you get a price upfront depending on your city, location, and where you are trying to go. It is a great resource whether you have a car or not, for example, if you drive to a bar and drink too much, a rideshare service can get you home safely. However, once back in your own car, what happens if you get into a car accident with a rideshare driver? Unlike a person driving his or her car for leisure, a rideshare driver is guaranteed to have car insurance - it is a requirement. When with a passenger in the car, or on the way to pick up a passenger, there is additional coverage provided by the rideshare company. Uber, for example, provides a $1,000,000 minimum for liability coverage, and the same amount to protect their driver, and any passengers, if the people in the rideshare are not at fault and the other party has poor or no insurance. Rideshare drivers not interacting with the app are covered by their own insurance only. The University of Chicago and Rice University researchers have found that fatal injuries spiked after Uber or Lyft was launched in a city. Rideshare companies offer incentives for their drivers to complete more trips, and this can cause dangerous competitiveness because there is no limit of how long a driver can complete trips for. A driver may become overtired trying to earn a badge or reach a goal, instead of calling it a night. It may not be obvious at first if you have been in an accident with an Uber or Lyft driver,  especially if they are in the middle of a trip, but you will want to react similarly to a car accident with anyone. First, call the police if you are able. Having a police report will be important when filing an insurance claim. After calling, gather as much information as you can. Get the insurance and contact information of everyone in the other car, including passengers. If there were any witnesses to the accident, get their contact information as well. Take pictures of the accident and any bodily harm to yourself. Contact an Orland Park Car Accident Attorney

Getting in a car accident with a rideshare driver can complicate your ability to get the compensation you deserve after an accident. These cases can uncharted territory due to the new technology. Contact an experienced Orland Park car accident attorney today to handle your accident with an Uber or Lyft Driver. Set up a free consultation by calling our office at 708-966-2408.

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