Recent Blog Posts
I Failed a Breathalyzer. Can I Prove It Was Inaccurate?
It can be stressful getting pulled over, taking a breathalyzer test, and failing it. Most people start panicking that they will be charged with a DUI and face all the serious consequences that come with a conviction.
However, breathalyzers are not always accurate and there are many reasons why a failed test does not necessarily mean you will be convicted. If you failed a breathalyzer and are worried about what this means, speak with a knowledgeable Joliet, IL DUI lawyer to understand your options.
How do Breathalyzers Work?
A breathalyzer is a testing mechanism that you blow into. The device measures how much alcohol is in your breath, and displays a number to reflect the blood alcohol concentration (BAC). If you are pulled over and your BAC level as reported from a breathalyzer test is anything from 0.08% and up, you can be charged with driving under the influence (DUI).
Are Traveling Airline Employees Eligible for Workers’ Compensation?
When an employee gets injured at work, he or she is generally entitled to workers’ compensation. These benefits help an employee cover the costs of medical expenses and loss of income due to recovering from a work-related injury.
However, there is some confusion regarding people whose jobs involve travel and who get injured outside their usual work environment. For example, what happens when airline employees, including pilots and flight attendants, get injured at work? Since Illinois is a major travel hub, many people throughout the state work in the travel industry and need to travel for their jobs. A skilled Joliet, IL workers’ compensation attorney can offer personalized guidance when employees suffer work injuries.
Questions of Liability in a Garbage Truck Accident
Garbage collectors provide an important service to the communities they serve. Without them, neighborhoods could have obstructed roads, hygiene risks, and other challenges. However, garbage trucks can also pose a risk to other cars on the road, and they are involved in many accidents that have caused significant injury or death.
Since garbage trucks are often owned by a private company or a municipality, there can be questions about liability for damages. If you were injured in a collision with a garbage truck, contact a skilled Will County, IL personal injury attorney to understand your options.
Common Causes of Garbage Truck Accidents
Garbage trucks are built to be able to transport everything they collect – heavy, sturdy, and bulky. They can be seen driving through residential areas as well as on main roads, and they are not very well-suited for either. Some of the more common causes of garbage truck accidents include:
What Happens When You Resist Arrest in Illinois?
People naturally try to avoid harmful situations. We are hard-wired to engage in a "fight or flight" response, and it is reasonable to expect someone to do whatever they can to prevent something negative from happening to them. When it comes to being arrested, this instinct can be problematic. In Illinois, resisting arrest is treated as a serious charge with severe consequences. There are various directions you could pursue to defend yourself against these charges. The best step you can take is to find a reliable Will County, IL criminal defense lawyer to advise you on how to proceed.
Resisting Arrest Charges Explained
If you knowingly resist or obstruct a police officer who is trying to arrest you, you could be accused of resisting arrest. That can include fleeing, physically fighting with them, or providing false information. This is generally charged as a Class A misdemeanor, which can be punished with fines up to $2,500 and up to one year in jail. If anyone else, including the police officer or a bystander, gets injured in the process, it can be charged as a felony, with harsher penalties.
If I Claim Workers' Comp, Can I Also Sue My Employer?
Laws require Illinois employers to have workers' compensation insurance policies, with only a few exceptions. This coverage should provide specific benefits to workers who become ill due to work-related duties or are injured while on the clock. In exchange for these benefits, injured workers typically give up their right to pursue a personal injury claim against their employers.
Are there any circumstances that might allow you to pursue a personal injury claim? How do you know your options? The knowledgeable attorneys at McNamara Phelan McSteen, LLC can discuss your situation during your free consultation and answer your questions.
When Could I File a Personal Injury Claim Against My Employer?
When employers knowingly put workers in danger and those workers are harmed, a personal injury claim may be possible. Employers who intentionally harm workers are also subject to personal injury cases being filed against them. Examples of negligent employer behaviors include:
Did the State of Illinois Contribute to My Car Crash?
When you hear about someone being injured in a car or truck accident, you probably think the drivers were responsible. It may not occur to you that a state, federal, or local government might share the blame. However, government agencies may be held liable for your injuries in certain situations.
How can the government cause motor vehicle accidents? Can I get compensation from a government entity? These claims are more complex than many other personal injury cases, but a knowledgeable lawyer from McNamara Phelan McSteen, LLC can overcome the potential challenges to help you achieve a successful resolution.
How Could a Government Agency Cause Motor Vehicle Accidents?
Government departments are responsible for much of our nation’s infrastructure. For instance, the Joliet Department of Public Works is responsible for the design, construction, and maintenance of streets, sidewalks, traffic signals, streetlights, roadway signs, and other public properties. The federal government provides some funding for various interstate highways in Illinois via the Highway Trust Fund, but state and local governments are also responsible.
Can My Illinois Felony Charge Be Reduced to a Misdemeanor?
If you are charged with a crime in Illinois, your offense will be classified as a misdemeanor or a felony. Both kinds of charges can threaten your future, finances, and freedom if you are convicted.
When you work with an experienced attorney from McNamara Phelan McSteen, LLC, we will investigate your situation to develop a solid criminal defense strategy. If we cannot have your case dismissed, one of our options may be to attempt to have your felony charge reduced to a misdemeanor. Call us today to discuss your case and learn more about how we can protect your rights and best interests.
What Is a Wobbler Crime?
Known as a "wobbler" crime, some offenses can be charged as either misdemeanors or felonies, depending on case-specific factors. Prosecutors have the authority to decide whether you are charged with a misdemeanor or felony for wobbler offenses, which may include:
Does Illinois Workers’ Comp Cover Me If I Work From Home?
In recent years, the number of people working from home has skyrocketed. Although the rate of growth has slowed, remote work is still the way many people earn a living in the U.S. This transition has prompted cybersecurity concerns, a dynamic shift in how companies do business, and introduced popular hybrid work models.
While organizations and workers alike benefit from remote work, the question of whether workers’ compensation covers you when you work from home arises. The answer: it depends. The knowledgeable lawyers from McNamara Phelan McSteen, LLC explain.
Who Is Covered by Workers’ Comp?
In Illinois, laws require employers to maintain workers’ compensation insurance for most employees, with few exceptions. This coverage is intended to allow workers who are injured or become ill on the job to get prompt medical treatment and help them financially while they are out of work recovering.
Can I Sue a Driver Who Does Not Yield the Right of Way? | IL
One of the first things new drivers learn is how to determine who has the right of way in any traffic scenario. This concept was designed to improve traffic flow and decrease injury-producing collisions. One or more drivers may need to yield the right of way in specific situations. Unfortunately, many drivers do not follow these laws, frequently causing otherwise avoidable crashes.
If someone did not yield the right of way properly and caused a car accident that injured you, you may qualify to obtain compensation. A knowledgeable attorney from McNamara Phelan McSteen, LLC can investigate your collision and help you collect the highest possible settlement amount.
What Is the Right of Way?
When vehicles, pedestrians, and bicyclists meet in various traffic situations, right-of-way laws specify who can proceed first and who must wait their turn. These laws apply to many scenarios and locations, such as:
Do You Have To Submit to a Breath Test With DUI Charges?
A DUI conviction can have long-term, significant impacts on your life. It may affect your employment, driving eligibility, and others’ perception of you. It can also dramatically increase your auto insurance rates. In Illinois, the crime cannot be expunged from your criminal record, and it will also stay on your driving history permanently. These facts are true even for a first conviction.
One of the ways a law enforcement officer obtains supporting evidence is to ask you to submit to various testing methods, which are supposed to provide accurate readings of your blood alcohol concentration. Breath, urine, and blood tests are common methods. Do you have to submit to these requests in Illinois? What happens if you do not? An experienced DUI defense lawyer from McNamara Phelan McSteen, LLC can explain.
What Is Implied Consent in Illinois Drunk Driving Charges?
Illinois follows the rule of implied consent to justify asking drivers suspected of intoxication to undergo field sobriety testing. This means that if you drive a motor vehicle in the state and a law enforcement officer reasonably suspects that you are intoxicated, you have already agreed that you consent to take DUI chemical tests, both for alcohol and drugs.