
Recent Blog Posts
Can a Dog Owner Be Liable for a Motorcycle Accident?
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.
Can a “Consensual” Encounter With Police Lead to a DUI Charge?
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.
Can My Doctor File a Medical Lien Against My Personal Injury Settlement?
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.