Recent Blog Posts
Can I Sue for Injuries Caused by Falling Truck Cargo in Illinois?
While most trucks are loaded properly and driven responsibly, sometimes, truck cargo is improperly secured. Loose or falling truck cargo creates a deadly hazard for other motorists, with the possibility that the debris may strike another vehicle and cause catastrophic damage. Motorists may also get into an accident while swerving out of the way of the fallen truck freight. Cargo that is loose can shift within a trailer causing a truck to become dangerously off-balance and out of the truck driver’s control. If you or a loved one were harmed in a truck accident caused by shifting or loose cargo, you may be entitled to compensation.
Determining Who is Liable For Your Truck Accident
Liability for your accident may fall on several different parties. It is also possible that more than one party’s actions contributed to the severity of the accident. The party legally responsible for your injuries may be:
What Factors Affect the Amount of Damages Received After a Car Crash?
In Illinois, any person found “at fault” in an incident involving bodily injury or physical damage to property will be held liable to pay the other party. This is common when determining liability for car accident damages and injuries. However, this does not always mean that a court will order one party to fully cover another’s losses. Instead, some limitations can greatly affect the amount of compensation the liable party will owe, so it is important to understand what those restrictions are. If you have any questions or concerns regarding a personal injury case, speak with an attorney knowledgeable in Illinois tort laws to protect your rights to compensation.
Illinois Code of Civil Procedure
The Illinois Code of Civil Procedure clarifies how Illinois’ tort liability laws are applied in a settlement. Although a theoretical definition of tort laws suggests that one party may be at fault while the other receives compensation from the responsible party’s insurance company, real-world cases tend to entail negligence from both parties involved in an accident. This does not instantly disqualify a plaintiff from receiving compensation after an accident. Instead, he or she just has to prove that the other party was more than 50 percent at fault.
How Do I File a Claim After a Bus Accident in Illinois?
Many people understand the general process they must go through if they get into a car accident, but what if they were in a bus accident? Filing an injury claim to receive compensation from the party at fault is somewhat more complicated in cases like these. However, with a capable attorney and a thorough understanding of how public transportation liability works in Illinois, you will be able to pursue the compensation that you deserve.
Different Types of Bus Accidents
Unlike car accidents, the insurance claim process differs depending on whether you are a passenger on a bus or if a bus hits your car. If you are a passenger, you must first determine whether the bus driver or another driver was primarily responsible for the accident.
If another driver was at fault, the process is nearly identical to an ordinary car accident. You and your attorney must prove that the other driver did not drive with a reasonable degree of care. Pointing to any facts implying that the other driver was speeding, distracted, or under the influence will quickly prove that that driver is at fault.
Routine Car Maintenance Can Help Prevent Car Accidents in Illinois
The standard advice for new drivers is to drive defensively to prevent collisions. Following this advice helps keep the driver and others safe on the road. Still, there is more to avoiding car accidents than focus and caution alone. Worn-out or faulty vehicle components cause many vehicle crashes. Drivers are responsible for routine inspections at a trusted repair shop when they notice any warning signs or alerts from their vehicles. If you or your loved one is hurt in a car accident, it is important to speak with a skilled personal injury attorney.
Car Maintenance Tips to Prevent Accidents
Since Illinois is not a no-fault state when it comes to car accidents, any damage or injury caused by a mechanical failure can get complicated. When trying to determine who is at fault, an attorney would have to conduct a full investigation into the person responsible for any recent repairs and the manufacturer to determine if either were to blame. This can be a lengthy process and can get expensive. For this reason, proper car maintenance is essential and can help motorists avoid this situation altogether.
Despite the Quarantine, Motor Vehicle Fatality Rates Rise in Illinois
Recent reports reveal some startling car accident fatality statistics in Illinois. It is worth understanding them to adjust your driving accordingly and drive defensively to avoid any accidents. Even with a skilled attorney and good car insurance, it is never worth risking minor to fatal injuries or permanent damage to your vehicle, and an extra nudge of awareness can go a long way in helping to prepare you for the next time you get behind the wheel. With all of that said, never hesitate to reach out to a respected car accident attorney in Illinois if you or a loved one ever suffer the unfortunate circumstance of being in a car accident.
First Quarter Illinois Car Accident Statistics
You do not typically see such drastic changes in automotive fatality rates from year to year, but 2020 is shaping up to be a year like none other. The National Safety Council recently released a surprising statistic, revealing an 11 percent increase in the number of people who have died from car accident fatalities in the first quarter of 2020. Even though most Americans began quarantining in March this year, a nationwide increase of 14 percent in car accident fatalities was reported.
How Do I Determine Who Is at Fault in an Illinois Car Accident?
It can be difficult to remain calm immediately after a car accident, but that time is crucial when trying to determine who is at fault. Without the proper information, you or a loved one could risk losing deserved compensation because you are unable to prove that the majority of the fault lay with the other driver. The statute of limitations on personal injury cases is two years in Illinois, making it critical for you to get in touch with a car accident attorney as soon as possible after your accident. While every accident is unique, it is important to heed the following guidelines when determining fault:
Common Forms of Car Accidents and Who Is At Fault
Illinois is an “at fault” state, which means that both drivers in a car accident can try to make an argument that the other driver was more at fault. The court may then use percentages to determine where fault resides, and the party who is most at fault may be required to pay damages to the other party. If you were involving in any of the following types of accidents, you and your attorney can use a variety of forms of evidence to demonstrate that the other driver was at fault:
When Is an Illinois Property Owner Liable for Your Injuries?
If you are injured in Illinois because of a hazard that was not immediately obvious, there is a good chance that you can recover compensation from the landowner who failed to fix the issue or warn you of any potential danger. However, merely suffering an injury is not enough to win a premises liability lawsuit. If you work with a seasoned personal injury lawyer, you will have a better chance of proving that the property owner was negligent — and a better chance of collecting your deserved compensation.
Premises Liability Act
Premises liability law in Illinois used to distinguish between invitees and licensees in determining what degree of care a property owner owes a visitor, but that is no longer the case. Licensees are anyone specifically invited to the property as guests, and invitees include everyone else: customers, audience members, etc. Illinois law dictates that property owners are equally responsible for both groups’ safety. According to the Premises Liability Act, property owners must reasonably care for the safety of their guests by keeping their property in good condition and communicating with guests about any dangerous conditions to be aware of. This law assumes that the visitors will not be able to immediately perceive any dangers on their own and is designed to help a victim if they could not reasonably avoid an injury caused by negligent care of the premises.
What Are the Common Causes of a Pedestrian Accident?
People of all ages walk as a form of exercise or to get to and from work or school. Although walking can be a fun and leisurely activity, it can also prove dangerous at times. In 2017, there were 5,977 pedestrians killed in traffic-related crashes in the United States, according to the National Highway Traffic Safety Administration (NHTSA). There are various conditions that can increase the chances of a pedestrian accident, such as inclement weather, reckless driving, and other factors. Regardless of the causes, any collision involving a person on foot and a vehicle can have serious consequences, especially for the pedestrian. These types of accidents can result in severe injuries and even death.
Factors That Can Lead to a Pedestrian Accident
4 Tips for Staying Safe and Avoiding a Pedestrian Accident in Illinois
As the weather warms up in Illinois, more and more people will begin walking to work, school, restaurants, or simply for fresh air and exercise. This is especially true in more urban areas, such as Chicago. Since many suburbanites take the train into the city and walk to their workplace from the station, it is important for both city residents and those living outside of the city to take precautions when walking downtown. Chicago does a good job of providing sidewalks and crosswalks for pedestrians to use, but there is still the potential of accidents with injuries if a pedestrian is struck by a vehicle. The streets are so busy that even those obeying the rules of the road could find themselves in a dangerous situation.
Watch Your Step
Understanding the Dangers of Drowsy Driving in Illinois
Just as it is dangerous for a person to drive while distracted or under the influence of drugs or alcohol, falling asleep at the wheel can lead to car accidents, serious injuries, and wrongful deaths. In fact, according to the National Highway Traffic Safety Administration (NHTSA), there were a reported 795 fatalities and 91,000 motor vehicle crashes linked to drowsy driving in 2017. There are a wide variety of factors that can contribute toward driver fatigue, and victims injured in an accident caused by a drowsy driver may be able to recover financial compensation for their pain and suffering, medical care, and property damage.