Posted on September 30,2017 in Car Accidents

The fall season has officially arrived in Northern Illinois and school is back in full swing. If you have school-aged children, you may have struggled with them adjusting to getting up early again, finishing homework before dinner, and the everyday stresses that are part of the educational process. Of course, the new academic year affects those without children as well, particularly individuals who live near a school or who must pass by a school on their way to and from work. Every day, millions of Americans drive through school zones, but a disturbing new study suggests that as many as one in three drivers may be distracted when they do.

Safety Analysis

Zendrive is a California-based tech company that develops tools for capturing and analyzing driving behaviors for individuals, fleets, insurance companies, and other organizations. The company recently conducted a study that examined some 75,000 schools across the United States and how drivers who passed them behaved behind the wheel. According to Zendrive’s numbers, nearly nine out ten drivers (88 percent) still use their phone while driving despite laws against hand-held device use in nearly every state.

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 Posted on September 12,2017 in Car Accidents

Car accidents can be complex and messy. If you have been injured in a car accident caused by someone else, you deserve compensation for your losses. Often times, car accident cases become complicated and require extensive courtroom litigation. A qualified personal injury attorney can assess your case and explain potential strengths and weaknesses. Sometimes an expert witness can be used to testify on your behalf and strengthen your case for collecting damages.

Proving Who Was at Fault

One of the first things an accident victim must do is prove that he or she was not at fault or was less at fault than the other driver for the crash. If fault is not obvious, each side may call upon expert witnesses to testify as to who caused the accident. Expert witnesses may analyze the accident, draw conclusions based on evidence, and explain their findings and fact-based opinions at trial. Medical professionals, economists, accident reconstructionists and engineers commonly use their experience and knowledge to explain what happened during the accident and what the effects were.

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 Posted on September 08,2017 in Personal Injury

Labor Day, the holiday recognizing America’s workers, is intended as a day of rest and relaxation and a chance to enjoy a rare three-day weekend. Barbeques, ballgames, lakeside fun in the sun – these are hallmarks of Labor Day, so it is both unexpected and tragic when the holiday is marred by an injury or death.

Unfortunately, with so many Americans hitting the road to visit friends and family, and with alcohol often being a feature of social get-togethers, accidents are inevitable. Personal injuries may be suffered on one of the nation’s highways, parks, sporting grounds, lakes and other swimming areas, or even unlikely places where you least expect it. Cuts, bruises, broken bones, post-traumatic stress, and even loss of life are among the consequences.

When harm is suffered by no fault of your own, the pain and suffering are only magnified. Besides a ruined holiday and unexpected medical care and bills, there lingers the need to hold a wrongdoer accountable for the physical, emotional, and financial losses you have suffered. Fortunately, in the civil courts of the state of Illinois, procedures are in place to allow victims to seek redress from those that have caused harm, whether intentionally or negligently.

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 Posted on September 07,2017 in Medical Malpractice

Medical malpractice involves more than a physician's negligence. A doctor can be held liable if he or she fails to inform the patient about the “general nature” of a procedure and the patient is subsequently injured. Informed consent in this context includes explaining the “risks involved, the prospects of success, the prognosis if the procedure is not performed, and alternative treatments."

Court Reinstates Malpractice Claim Over Child Injured During Delivery

Informed consent often comes up when dealing with birth injuries. There are cases where a doctor fails to properly warn an expectant mother of the risks of natural childbirth. As a result, the child may be injured during delivery and suffer lifelong consequences.

A recent Illinois appellate court decision addresses the exact issue. In this case, a now-11-year-old child was injured during natural childbirth. Specifically, the child suffered what is known as shoulder dystocia. This is where a newborn's shoulder essentially gets stuck during delivery and requires manipulation. In some cases, dystocia causes permanent injury to the child. Sadly, that was the case here, as the child sustained a clavicle fracture and “extensive” nerve damage.

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 Posted on September 06,2017 in Personal Injury

Approximately 4,500 people are killed each year in motorcycle accidents, according to federal safety statistics. Even a non-fatal motorcycle accident can leave a driver with serious injuries and cost thousands of dollars in medical bills and lost income. Therefore, when an accident is the result of another party’s negligence, it is important to hold him or her accountable.

Lying in Road Not an “Overt Action”

Sometimes a motorcycle accident may not be directly caused by another person, but there is still a question as to how a person’s actions may have led to the victim’s injuries. An Illinois appeals court recently addressed such a case. The central question was whether two dog owners’ alleged carelessness led to a motorcycle accident.

The plaintiff was riding his motorcycle down a road in Edgar County, Illinois. A dog, owned by the defendants, was lying in the middle of the road. The plaintiff’s bicycle struck the dog, causing serious injuries to the plaintiff.

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 Posted on February 16,2017 in Car Accidents

Normally an Illinois police officer must have probable cause to stop you on suspicion of a DUI. The Fourth Amendment to the U.S. Constitution protects all individuals against “unreasonable” seizures by the police. However, what if an officer stops to speak with you for another reason and subsequently discovers evidence that suggests drunk driving?

Court Reinstated Driver's License Suspension

The Fourth Amendment does not apply to “consensual encounters” with the police. In other words, if you speak to the police voluntarily, and not under coercion or detention, you cannot later invoke the Fourth Amendment to claim any evidence obtained against you was an illegal search. Of course, it may not be obvious to you at the time that an encounter was “consensual.” Consider the following case in point.

Recently, an Illinois appeals court had to decide whether to reinstate a suspended driver's license. A trial court previously decided to exclude evidence of DUI obtained by a police officer on Fourth Amendment grounds. The appeals court said the judge applied the law incorrectly and reinstated the suspension.

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 Posted on December 29,2016 in Car Accidents

Following a car accident, your first priority is seeking treatment for your injuries. As we all know, medical care is expensive, especially if you lack sufficient insurance. Even a simple accident can lead to thousands of dollars in unpaid bills. Additionally, Illinois hospitals are not shy about collecting on those bills, even if the injured victim has yet to receive any compensation from the parties responsible for his or her accident.

Court Rules Hospital Did Not Have to Bill Victim's Insurer

Illinois law permits all health care providers—hospitals, doctors, et cetera—to file a lien against “all claims and causes of action” held by an injured person who seeks treatment. In other words, if you are injured in a car accident, the hospital that treats you can legally claim part of any potential personal injury lawsuit that you file. The law limits such medical lien to “reasonable charges” for the care provided, which in no case may be more than 40 percent of the “verdict, judgment, award, settlement, or compromised” secured by the injured victim.

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