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Common Causes of Trucking Accidents in Illinois
After decades of decline, the number of fatal accidents involving large commercial vehicles is on the rise. In 2017, there was a 10 percent jump in truck accidents resulting in death across the United States, with a total of 4,657 people killed in crashes involving commercial trucks.
There are a number of reasons for the increase in tractor-trailer truck accidents nationwide. Truck drivers are susceptible to many of the same bad driving habits as everyone else on the road, but the potential for disaster is much greater. If you are injured in a trucking accident, after you seek medical treatment, contact an experienced personal injury attorney for help.
Some common reasons for serious truck accident injuries include:
Distracted Driving
Texting while driving is a national safety crisis, along with checking email and social media while behind the wheel and the use of non-hands-free cell phones. Almost 3,500 Americans were killed in distracted driving accidents during a recent 12-month period, with many thousands more injured.
What Are My Options for Fighting Drug Charges in Illinois?
A conviction on drug charges can have a lasting impact on your life, even for simple possession. A criminal record can limit your occupational opportunities, affect your eligibility for financial loans, and result in changes to child custody. If you face a drug charge in Illinois, it is imperative to work with an experienced criminal defense attorney who can protect your rights and your future.
Illinois Drug Charges
Like every state, the penalties for drug crimes depend on the substance and the amount seized by police. Charges will also differ depending on whether you were only in possession of drugs or if you had the intent to distribute. Charges will also increase for repeat offenders and if other factors are involved, including the sale of drugs on school property.
What Types of Negligence Lead to Auto Accident Injuries?
Each year, there are more than 300,000 motor vehicle accidents in Illinois, with approximately 65,000 crashes with injury and 1,000 individual fatalities. With over 9 million registered drivers in the state, many fail to practice safe driving habits, thus endangering other drivers on our roadways.
Driver negligence is a common cause of car accidents in Illinois and nationwide. If you or a loved one were injured in an auto accident due to another driver, it is imperative you contact an experienced personal injury attorney who can fight for compensation for medical bills, lost wages, and pain and suffering.
Here are some of the most frequent types of negligent driving that a skilled injury attorney can prove in court:
Speeding
On every interstate and expressway in the Chicago metropolitan area, you are likely to see drivers speeding well over the posted speed limit on a daily basis. The danger these drivers present cannot be overstated, as an estimated 37 percent of injury crashes and 34 percent of fatal collisions involve speeding.
Can I Still Drive After a DUI Arrest in Illinois?
With around 27,000 annual arrests for driving under the influence in Illinois, drunk driving is harshly enforced and prosecuted. Still, the court system recognizes that even citizens with flawless driving records make mistakes and that stripping an individual of their driver’s license can make life extremely difficult, especially when it affects a person’s ability to get to work every day.
Some DUI offenders are eligible to keep their driving privileges with the installation and use of a breath alcohol ignition interlock device (BAIID) in their vehicle. Around 10,000 Illinoisans currently utilize this system in order to complete necessary daily tasks.
What Is a BAIID?
A BAIID only allows a vehicle to start after the driver passes a breathalyzer test. The driver must also pass periodic tests while the vehicle is in use. A camera also captures an image of the driver as they take the breath test. All results are sent to the Illinois Secretary of State’s office, which performs audits of the information and revokes BAIID use if there is evidence of DUI or tampering with the device.
How Do I Receive Workers’ Compensation for Job-Related Injuries?
Accidents happen, and if you have been injured or fallen ill at work, you may be wondering how you are going to pay all your medical bills. If you are unable to work due to your injury or work-related illness, this can compound your issues, and you are probably worried about the bills that are piling up. Fortunately, you may qualify to receive workers' compensation, but in order to receive these benefits, you must follow the proper procedures.
What Qualifies As a Work-Related Injury or Illness
According to the Illinois Workers’ Compensation Act, workers’ compensation covers a wide range of issues affecting employees. An injury due to an accident at work is an obvious one, but some people may not realize that they may also be able to receive workers’ comp for gradual injuries, such as those caused by repetitive motions when performing job duties, a heart attack brought on by mental or physical stress at work, or worsening of a pre-existing condition due to work conditions.
Pain and Suffering as Damages in an Illinois Personal Injury Case
In Illinois, a person is liable for an accident in which that person was negligent. Where a person has been injured as a result of the negligence, the negligent person is obligated to make financial payment to the injured one. Among the damages for which the negligent party is responsible is a category commonly referred to as “pain and suffering.”
While it is fairly simple to add up the money spent and money lost for things like medical bills and lost income, there is no precise way to put a dollar figure upon the injured party’s pain and physical suffering. The Illinois Pattern Jury Instructions define pain and suffering as “The pain and suffering experienced [and reasonably certain to be experienced in the future] as a result of the injuries.” This leaves the determination of the value of pain and suffering damages greatly to the discretion of a jury or other finder of fact.
Damages include both pain and suffering experienced to date, as well as pain and suffering reasonably certain to be experienced in the future. However, “reasonably certain” does not necessarily require expert medical testimony. The dollar value of damages for pain and suffering is not necessarily related to the amount of medical bills incurred, thus giving a jury wide latitutde in assessing damages for pain and suffering. Generally speaking, damages for pain and suffering are limited to the time the injured person is conscious, as an unconscious person does not suffer pain because the mind is not conscious of the body’s condition. It is also important to note that a jury is not required to make an award for pain and suffering at all, even where it awards damages for pain-related medical expenses. It is therefore very important to present solid and credible evidence of the injured person’s pain and suffering, as well as to make a persuasive argument that such damages should be awarded for that person.
Understanding Illinois Seizure and Forfeiture Law
Asset forfeiture is the legal process where property which has previously been seized may permanently be confiscated.
When faced with a potential forfeiture issue it is important to understand some basic principles:
First, a forfeiture action is civil in nature, not criminal. This is important for two reasons: 1), the burden of proof is much lower in a civil action and 2), there is no right to appointed counsel.
Second, under certain statutes in Illinois, you do not have to be convicted of, or even charged with, a criminal offense in order to have your seized personal property subject to civil asset forfeiture litigation.
Civil asset forfeiture litigation is very procedure-driven in nature. Too many times, we have clients consult with us only to discover certain deadlines were missed and unfortunately, they were too late to contest the forfeiture and property was already forfeited. For example, forfeiture actions under the Illinois Drug Asset Forfeiture Act and Illinois money laundering laws require you to file a verified answer within 45 days of the State sending notice of the action and posting a cash bond equal to 10 percent of the value of the seized property. If either requirement is not met, the property is forfeited.
Independent Medical Examinations under the Illinois Workers’ Compensation Act
When injured while working in Illinois, you are entitled to the all the protections offered under the Workers’ Compensation Act. Section 12 of this Act allows the respondent (your employer) to send you for an examination by a non-treating doctor. A respondent will use this examination to determine if you should continue to receive benefits, such as payment of medical bills or temporary total disability payments. Before heading into this type of exam, there are some things you should know.
A respondent has a right under the Act to send you to an independent medical examination, (IME), provided that they pay for your reasonable expenses of attending the examination. This usually means paying for mileage and a meal, but depending on the circumstances, could involve arranging transportation or compensating you for having to miss work. These expenses and arrangements should be provided to you before the exam takes place. Notice must also be given and it must be reasonable. Once notice is given, if the appointment needs to be rescheduled, this should be communicated to the respondent so that a non-appearance fee is not generated. While attendance at this appointment is mandatory, you do have some say as to when it should occur.
What to do if Someone’s Negligence Causes Your Injuries
Every day, people find themselves injured due to the negligence of another, whether it be in an auto accident, at the grocery store, or walking into an office building. Illinois law allows an injured person to be compensated financially for his or her damages under those circumstances. Unfortunately, the incident that causes the injury may be traumatizing, and the injured person may find himself or herself overwhelmed and uncertain what to do next. Often, he or she does not know whether they can or should make a claim for the injuries, and does not know what steps to take to do so. Consulting with an attorney can help.
Ideally, your attorney would prefer that you, (or someone you know), takes contemporaneous photos of the scene of the accident, and jots down pertinent information, including the names and contact information of witnesses to the incident. If the accident involved motor vehicles, photos of the vehicles and the area where the accident occurred can be very helpful in evaluating a claim of negligence and presenting evidence at trial, if that becomes necessary.
Family Law and the Guardian ad Litem in Will County
Recently, the Will County Circuit Court has been relying on Guardians at Litem to assist in investigating and making recommendations in order to resolve disputes between parents centered on the issues of parenting time, the determination as to who will make major parenting decisions for the minor child(ren), and other parenting issues. Previously, judges were routinely appointing experts to investigate and make recommendations on these types of issues. Unfortunately, even though these experts provided comprehensive, and at times exhaustive, reports and recommendations on what were formerly referred to as custody and visitation disputes, the amount of time it would take to finish their investigations and submit recommendations, along with the expense incurred for their work, made the appointment of such experts unattractive to most parents.
The appointment of a Guardian at Litem (GAL) to represent the minor child(ren) in these disputes is routinely a quicker and more cost-effective way to address the issues involved, and helps provide the Court with guidance in considering the best interest of the child(ren). It is important to keep in mind that GALs do not represent the parents, and parents should not expect a GAL to treat them as a client. Parents must always rely on the advice of their own counsel, especially when dealing directly with a GAL. Most importantly, parents should discuss with their own attorney the subject matter that they may be asked to address when speaking with a Guardian at Litem, as well as how best to present their position to the GAL, while at the same time deciding how to minimize the weaknesses in their case when questioned directly by the GAL. Many parents make the mistake that a GAL is somehow co-counsel in advocating for their position. Many times the GAL receives information from parents that most attorneys would caution against disseminating. Therefore, interacting with a GAL is an important subject that should be thoroughly discussed with an attorney before such communication begins.
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