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Recent Blog Posts
How Is Fault Determined in Illinois Car Accidents?
One of the great dangers that plague today’s world for a majority of Americans is car crashes. The latest data from the National Highway Traffic Safety Administration (NHTSA) states that the leading cause of death in 2016 for children who were 10 and 11 years old and young adults ages 16 to 22 was motor vehicle crashes. Nearly 7.3 million police-reported traffic accidents occurred in 2016, injuring more than 3 million people and killing nearly 37,500 people. Getting into any car accident is a serious matter, even if nobody was hurt. Apportioning fault is a big part of ensuring you get the compensation you deserve from any damages to your vehicle or injuries you sustain from a car accident. But how is fault determined in these cases?
Violation of a Traffic Law
One of the easiest ways to determine who is at fault for a car accident is whether or not either party violated a traffic law. Every person on the road has a duty to follow all traffic laws and to refrain from actions that endanger others on the road. If it can be proven that one party violated a traffic law and that violation led to the collision, that party may be held liable for the damages from the accident.
Speeding and the Role it Plays in Illinois Car Accidents
One of the most dangerous driving behaviors is speeding. Most states, including Illinois, have strict laws about speeding that are regularly enforced. If you excessively speed, you could face felony charges, but that does not stop some people. According to the National Highway Traffic Safety Administration (NHTSA), speeding killed more than 9,700 people in 2017 alone, with speeding-related deaths accounting for around 26 percent of all traffic fatalities. Even when speed-related accidents do not cause death, they can cause serious and life-altering injuries.
Reasons for Speeding
There are a variety of reasons why a person would speed while they are driving. Often, drivers do not even realize that they are engaging in this dangerous behavior, while some do and speed nonetheless. Reasons why a person may speed include:
- They are running late for something
- They are distracted by their cell phone or other type of distraction
Filing a Case for Playground Injuries to Children
Now that the weather is warmer and days are sunnier, more children and their caretakers are flocking to playgrounds. What should be a fun day outside, can turn into a disaster pretty quickly. According to the Centers for Disease Control and Prevention (CDC), there are more than 200,000 children who are treated for playground-related injuries at emergency departments each year. Of those 200,000 children, nearly half (46 percent) are treated for severe injuries, such as fractures, internal injuries, dislocations, and amputations. The CDC also states that around 75 percent of nonfatal playground injuries occur on public playgrounds, with most occurring at schools and daycare centers.
When your child is injured while in your care or the care of others, it can be an emotionally and financially stressful experience. Fortunately, there are things you can do to help recover some of the costs and damages associated with the injuries your child sustained.
Swimming Pool Accidents and Premises Liability in Illinois
Summer is on its way, temperatures are heating up and many people are taking to swimming pools to cool down. While swimming pools are a fun way to beat the heat, they can be dangerous. According to the National Safety Council, there are more than 7,000 deaths from drowning that occur throughout the country each year. Most of these deaths occur to children who are under the age of 5. In fact, drowning is the leading cause of death and injury to children who are under the age of 5. Almost all swimming pool accidents are preventable, so it is important to understand what you can do if you or your child has been injured or has died in a swimming pool accident.
Causes of Swimming Pool Accidents
Swimming pool accidents are almost always preventable, which is why it can be so devastating when an accident happens. Some of the most common causes of swimming pool accidents include:
- Inadequate lifeguard supervision
Trespassing Children Pose an Interesting Situation to Illinois Property Owners
When it comes to premises liability in Illinois, the duty of care that property owners owe those who are on their property changes in certain situations. The level of liability you have to an occupant on your property depends on whether or not the person was a trespasser on your property. If the person was lawfully on your property, you have the responsibility of exercising ordinary care to ensure the property is reasonably safe. If the person is a trespasser, you are only responsible for refraining from willful or wanton conduct. When it comes to a child trespasser, the rules are slightly different.
What is the “Attractive Nuisance” Doctrine?
When it comes to children trespassers, the laws pertaining to the property owner’s duty of care are slightly different. Rather than having strict liability, a property owner can be accused of negligence if they knew or should have reasonably known that there was a condition present on their property that posed a risk of injury to children. The reason why there is a difference in how adult and child trespassers are treated is that children often do not have the ability to recognize certain hazards or understand the consequences of their actions.
Proving Premises Liability in Illinois
Accidents are called accidents for a reason -- they happen unexpectedly. When it comes to accidents that occur on private property in Illinois, accidents can range from slipping on ice and snow in the winter to drowning in a swimming pool. Premises liability is the idea that property owners are responsible for accidents that occur on their property. The Illinois Premises Liability Act contains information about responsibility and negligence when it comes to maintaining property and allows those who are injured on another’s property to pursue compensation.
Owner Responsibilities
The Premises Liability Act states that property owners have a duty to those who are on their property to take “reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” This means that property owners are required to ensure their property is physically safe for others to be on. It also means that property owners are responsible for overseeing the acts of others while they are on their property.
Signs You May Have a Concussion After Your Illinois Car Accident
Car accidents can be deadly events. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 37,000 Americans killed in traffic crashes in 2017. Even in traffic crashes that did not involve a fatality, there were more than 2.7 million people injured in traffic crashes in 2017. Depending on the factors surrounding the accident, injuries range from bruises and superficial cuts to internal bleeding and traumatic brain injuries. One of the most common traumatic brain injuries resulting from car accidents are concussions.
What Is a Concussion?
A concussion is a type of traumatic brain injury that occurs when the brain is jostled and the fragile tissue of the brain hits the walls of the skull. This commonly occurs when a person sustains a blow to the head, but violent shaking of the head and/or upper body can also result in a concussion. Symptoms can appear right away or they can take time to develop. Symptoms typically dissipate, but it can take days, weeks or even longer for that to happen.
Understanding Common Causes of Motorcycle Accidents
Now that the weather is getting warmer and more people are partaking in outdoor activities, motorcycle riders everywhere are rejoicing and getting their bikes out to take them for a spin. For many people, riding a motorcycle is thrilling and not just a hobby, but a way of life. Unfortunately, riding a motorcycle can also be dangerous. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are around 28 times more likely to die in a motor vehicle accident than passenger car occupants. In 2016, there were over 5,000 motorcyclists killed in motor vehicle accidents. Understanding the common causes of motorcycle accidents can help you make sure you keep yourself as safe as possible while on your bike.
Not Knowing Your Bike Well Enough
Before you set out on the open road, you should make sure that you are comfortable handling your bike. Riding a motorcycle safely takes a lot of skill, patience, and practice. The NHTSA states that about a third of motorcyclists killed in crashes are either improperly license to ride a motorcycle or not licensed at all. Before you take your bike out onto the road, try practicing in a parking lot or a road that is not very busy.
How to Prevent Pedestrian Accidents in Illinois
At some point during the day, everyone is a pedestrian. If you are not in your vehicle and you are walking, you are a pedestrian. According to the National Highway Traffic Safety Administration (NHTSA), a pedestrian includes anyone who is walking, running, jogging, sitting or lying down. Being a pedestrian involved in a traffic accident can be extremely dangerous. Serious and sometimes even fatal injuries can occur when vehicles hit pedestrians. The NHTSA has reported that there were nearly 6,000 pedestrians that died in fatal traffic crashes in 2016. Fortunately, there are things that both drivers and pedestrians can do to reduce the number of pedestrian accidents.
Safety Tips for Drivers
Many times, it is not the pedestrian’s fault that an accident occurred -- most of the fault is placed on the driver. Here are a few tips to help drivers prevent pedestrian accidents:
- Keep your eyes on the road at all time. Pedestrians do not always act predictably, but you should always be on the lookout for pedestrians, especially in densely populated areas;
Dram Shop Liability in Illinois Drunk Driving Accidents
All car accidents are devastating, but car accidents that involve alcohol are especially tragic. Drunk driving accidents are almost entirely preventable and can be some of the deadliest accidents. According to the National Highway Traffic Safety Administration (NHTSA), there were about 10,874 deaths from alcohol-related car accidents in 2017. Those nearly 11,000 deaths equated to around 29 percent of all car accident fatalities in 2017.
The question of liability in these crashes is an ambiguous one. If you are filing a personal injury lawsuit because of injuries sustained in an alcohol-related car accident, you have a couple of options when it comes to pinning the fault on an entity. Many people immediately think that the driver is the entity at fault, but what they might not know is that you can also hold the establishment that provided the alcohol at fault too.
What Is the Dram Shop Act?
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847-232-7180
350 S. Northwest Highway, Suite 300, Park Ridge, IL 60068
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