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Law Offices of David W. Clark, P.C.

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IL injury lawyerYou can never foresee if or when you will be involved in a car accident. For some, they may experience their lives flashing before their eyes during a crash, while others may be caught in a number of accidents throughout their life. Whether you are the at-fault party or not, being involved in a car accident can greatly impact your life. For those who were not responsible for the crash and have resulting injuries, their financial savings, ability to work, and quality of life can all be diminished depending on the severity of the accident. For those responsible, the cost of compensating the other party can be difficult to manage. This is especially true for those who are uninsured and are required to pay these fees out of pocket. Regardless of your level of insurance coverage, Illinois requires those who are found at-fault to provide financial assistance to the other party.

Determining Who Is At-Fault

Like most states in the U.S., Illinois is considered an “at-fault state.” Under these laws, the drivers involved in auto accidents within the state of Illinois will be assigned a level of fault, determining who is primarily responsible for the accident and how much they will owe the other party. Understandably, you may assume that one party’s actions are what cause the accident, making them solely responsible.

Most accidents, however, are a bit more complex. For instance, if two cars are turning into the same lane from different directions and one car had the right of way, but was also found to be texting while driving, a portion of the blame for the accident may be taken off of the other driver since they were not driving distracted. While you are filing your claim, both attorneys will work to discover who was more at-fault for the accident and fight on their client’s behalf to secure compensation for any injuries, car damage, medical bills, and pain and suffering.

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IL accident lawyerAny type of head injury can be serious, since it usually impacts the brain. A concussion occurs when there is trauma to the head, which affects the brain. This type of trauma can include a blow to the head or violent shaking, both of which may occur in a car accident. Individuals who suffer severe or multiple concussions can have negative long-term effects. Receiving prompt and proper medical care is key to recovering and mitigating permanent damage. In some cases, a negligent party may be at fault for causing a vehicle collision. If you or your loved one is suffering due to a concussion injury after a crash, an experienced personal injury attorney can help you seek compensation for your rehabilitation.

Future Problems

When two vehicles collide, the force of the impact can be devastating. Drivers or occupants in the automobiles can strike the dashboard, windows, or doors. In some instances, they can become pinned between the seat in front of them or even be ejected from the car. In all these scenarios, hitting their heads on a hard surface within the vehicle or on pavement cause a concussion.

Although some symptoms of a concussion may not seem that serious, they can develop over time and greatly hinder a victim’s ability to perform everyday activities. A few of the long-lasting conditions may include:

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IL injury lawyerWhen people venture out on a shopping trip or to eat at their favorite diner, they do not expect to be put in danger of suffering an injury. Public places can include restaurants, office, condominium, or apartment buildings, fitness centers, grocery or clothing stores, and more. These establishments must abide by standard building codes to ensure the safety and security of staff, patrons, and residents. Conditions can be unsafe due to uneven pavement, worn or broken wood, damaged siding, and more. This can cause someone to slip and fall, which can result in minor to serious injuries. In some cases, a victim may be entitled to compensation if a negligent property owner is found to be in violation of building codes.

Premises Liability

Under the Illinois Premises Liability Act, business and property owners have a duty to keep their properties reasonably safe in order to prevent harm to their visitors or guests. If owners fail to take reasonable care, the state of Illinois can hold them accountable for any damages that result in their negligent actions. An amendment to the Act holds property owners to the same standard of care for both individuals who visit a property and that benefits the property owner (invitee) as well as people who come for their own amusement (licensee).

This legislation means that the premises must be properly maintained and void of hazards. If that is not possible, guests must be notified of any known defects or hazards before they enter. If owners or managers do not post adequate signage alerting of potential dangers, this can be considered negligence. The Act applies to visitors who are on the premises legally and are not trespassing.

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IL accident lawyerElectric or “e-scooters” have become a popular mode of transportation throughout the United States in the past few years. These scooters are an environmentally friendly way for individuals to sightsee or move around busy city streets instead of taking buses, cars, and other vehicles that rely on fossil fuels. The city of Chicago launched a pilot program last year to test the efficiency and usefulness of e-scooters within certain areas of the city. The second phase of the test program started in August of this year and is expected to run until December. E-scooters are a fast way for suburban commuters to get from the train to their office building. In addition, many people are enjoying the outdoors by taking e-scooter rides after being stuck at home during the COVID-19 pandemic. As with any motorized vehicle, though, riders run the risk of injury if they are involved in an e-scooter crash. In some cases, an accident may be caused by the negligence of another e-scooter rider, manufacturer, or vendor.

Typical Injuries

According to Safety + Health magazine, the majority of injuries sustained while operating an e-scooter occur from falling off of the device. In other scenarios, two riders can collide with each other, or they can lose control and strike a bicyclist or pedestrian on the sidewalk.

  • A few of the most common types of injuries resulting from an e-scooter accident include:
  • Head trauma (concussion or TBI)
  • Spinal cord damage
  • Broken or fractured bones (wrist, arm, leg, ribs)
  • Punctured lung

Security Measures Increase Safety

This year’s program has shown improvement in securing the scooters after users complete their rides. Now, the e-scooters can be locked to bike racks, light poles, retired parking meters, or in designated corrals. Reports from the Chicago Sun-Times, scooter-related complaints to the city’s 311 non-emergency system have dropped by 60 percent compared to last year. When scooters are left on sidewalks, streets, or other walkways, other riders or pedestrians can hit or trip and fall over them, causing minor to severe injuries.

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IL injury lawyerToday’s modern technology has changed the way we live compared to just decades ago. Cellular or mobile phones allow us to communicate while on the go. They can come in handy when you find yourself stranded with a flat tire on the side of the road and need to call for help. However, cell phones are one of the leading causes of distracted driving. According to reports from the National Safety Council (NSC), driving while using a cell phone leads to 1.6 million automobile accidents every year in the United States. That means one out of every four car crashes is caused by texting and driving. There are other distractions behind the wheel that can lead to a serious car accident with injuries to the driver as well as any passengers, pedestrians, or other motorists.

Activities that Take a Driver’s Attention Off the Road

If a motorist takes his or her eyes off the road ahead even for a few seconds, that greatly reduces the time he or she has to stop in time if the car in front suddenly brakes. You may be able to see this negligent behavior in drivers next to you. A few examples of actions that reduce a driver’s ability to operate a vehicle safely by limiting his or her reaction time include:

  • Looking down at the phone
  • Chewing/eating
  • Talking to passengers
  • Applying makeup
  • Waving hands or yelling
  • Operating navigation system

Recognizing a Distracted Driver

As a motorist, it is important to drive defensively and notice distracted driving behaviors around you while you are operating your vehicle. In some situations, signs that a person may be distracted includes swerving between lanes without using a turn signal. This is likely because he or she does not have both hands on the wheel. Other signs that a motorist is distracted include driving erratically by slowing down and then speeding up again. Constantly hitting the brakes is a typical indicator that a driver is not paying attention and then tries to stop at the last minute.

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