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

Call for a Free Consultation

Contact Us630-665-5678

207 North Washington Street, Wheaton, IL 60187
Subscribe to this list via RSS Blog posts tagged in accident liability

IL injury attorneySummer is typically the time for construction on America’s streets and roads because of the nice weather. According to the National Highway and Traffic Safety Organization (NHTSA), work zones on U.S. roadways have become increasingly dangerous for both workers and motorists. A work zone is a designated area or stretch of highway or road where work takes place, typically to improve the pavement or roadway conditions. This may involve lane closures, detours, and tractors or equipment. Car accidents can happen at any time and anywhere, especially if there is a change in the normal flow of traffic. It is important to be even more aware when driving in work zones in order to avoid an accident. Unfortunately, you cannot control other drivers on the road who may not be paying attention.

Drive with Caution

There are steps a driver can take to be better prepared for traveling in work zones. Practicing safe driving tactics, such as slowing down, can help reduce the risk of being involved in a car accident. Here are a few other safety precautions every motorist should take during road construction season:

  • Expect the unexpected in designated road construction zones.
  • Be alert and pay attention to the signs.
  • Comply with the directions given by the flagger or electronic signage.
  • Be patient in road construction zones.
  • Use the “Take 10” technique to change lanes.
  • Slow down; do not drive too fast for conditions.
  • Drive defensively; other drivers can be reckless.
  • Do not follow the vehicle ahead of you too closely.
  • Obey the posted signs until you leave the work zone.
  • Plan ahead and leave early for your destination in anticipation of delays.

Most of the above safety tips are common sense, such as driving slower in work zones. The “Take 10” method to change lanes involves putting on your turn signal at least three seconds before beginning to change lanes and allowing at least seven seconds to complete the lane change while checking your side and rearview mirrors during the maneuver.

...

IL accident lawyerLearning to drive is a rite of passage for young adults. In Illinois, new drivers must complete a required driver’s education class and accumulate a certain number of hours behind the wheel before they are issued a valid driver’s license, regardless if they are 16 years old or not. During the learning or practice phase, the student motorists carry a learner’s permit and are subject to restrictions such as who can be in the vehicle with them, curfew hours, etc. As with learning how to do any activity that is new, student drivers often make mistakes that can lead to car accidents. Even seasoned drivers can be involved in car accidents due to inclement weather or other reckless motorists, but what are the consequences if someone is injured in an auto collision that involves another driver who is on a learner’s permit?

Steps to Take Immediately Following a Car Crash

It is normal to feel shocked or panic when you are in a car accident. You may also be in a significant amount of pain. Try to remain calm so you can think clearly. Taking a few simple steps can increase the chances of a favorable settlement from a potential personal injury lawsuit. These steps include:

  • Pull over to the side of the road.
  • Call 911 if your injuries are severe and require immediate medical attention.
  • Exchange contact and insurance information with the other driver.
  • Write down the other motorist’s license plate number.
  • Take pictures with your phone of the damage to your vehicle.
  • Obtain any eyewitness testimonies if applicable.
  • File an official accident report with the Illinois Department of Transportation (IDOT).

Illinois Driving and Insurance Laws

Under Illinois law, every driver is required to have auto insurance coverage up to a specific amount. This applies to those motorists driving with a learner’s permit as well as those who have been driving for many years. Generally, student drivers are covered through their parents’ auto insurance policy. A driver with a learner’s permit is not required to carry his or her own insurance policy as long as he or she is a minor. This is usually because the student driver is typically accompanied by his or her parent or another adult who is an insured driver.

...

IL accident lawyerMany people like to travel by plane because they can reach their destinations so much faster than by car or train. Statistics from the National Transportation Safety Board show it is actually a safer means of transportation than vehicles. However, injuries can still occur in the air. They may be as minor as a sprained shoulder while trying to reach the overhead bin, or as severe as head trauma during turbulence. In some cases, a plane crash can result in a catastrophic injury or death. Anyone who has been injured while an airplane passenger has rights to compensation for medical bills or lost wages if the injury prevents him or her from working. Depending on the circumstances, the airline and/or its employees can be held responsible.

Common Types of In-Flight Injuries

A number of in-flight injuries are the result of luggage falling out of the overhead bins. According to estimates, approximately 4,500 passengers are hurt each year from falling baggage. Many people use carry-on suitcases and they are packed full and can weigh a lot. If a person is struck by luggage, it can cause fractures to the face, head, or arms and also lacerations.

Weather can be unpredictable, and severe turbulence can turn a smooth flight into a bumpy ride. The sudden drop in altitude can thrust unbelted passengers to the ceiling of the plane, leading to concussions or broken bones. If the captain or flight crew did not adequately warn or instruct passengers to remain seated and fasten their seat belts before the turbulence occurred, that can be considered negligence.

...

IL injury lawyerJumping on a trampoline can be fun for people of all ages, not just kids. It is a great form of exercise and can help users develop core muscle strength as well as strengthen their balance. Trampolines can be enjoyed outside in someone’s yard or inside at a facility. Unfortunately, thousands of people are injured on trampolines every year in the United States. Injuries can range from minor to major, such as small cuts to broken legs to fractures of the spine, head, ribs and more. The number of injuries continues to rise, despite efforts to make trampolines safer with enclosures or nets and padding. Children younger than 6 years old are at the greatest risk of injury, but adults can be hurt, too. Accidents happen, but in some cases, a trampoline injury might occur due to negligence by the trampoline’s owner.

Types of Injuries

The majority of trampoline injuries occur on home trampolines, although they can happen on indoor trampolines, too. Indoor trampoline “parks” have gained popularity in recent years since people can visit them in the winter months when the weather is bad outside. Common injuries sustained on any trampoline can include:

How Injuries Occur

As with any type of physical activity or sport, there are inherent risks. Guests of indoor parks are typically required to watch a safety video and sign a waiver before entering the jump zones. Although these indoor facilities often have pads surrounding the jumping areas, people can still get hurt. Many injuries take place when there is more than one person jumping or flipping on a trampoline. In addition, any objects such as balls or toys on the trampoline surface can also pose significant risks by tripping or slipping and falling. A person can also get hurt when he or she:

...

IL injury lawyerDaylight savings time is a practice put in place in the United States in 1918 and has long since been a topic of heated discussion and debate. Advocates say having an extra hour of daylight in the evenings during the spring will help people be more active and will keep the roads safer because it is lighter longer. Detractors say it decreases productivity and can make people sick. Regardless of which side you are on, daylight savings time is a part of most people’s lives in the United States. However, there is evidence that daylight savings time is actually hazardous to the general public, due to an increased risk of car accidents following the clock change in the spring.

How Does Daylight Savings Increase Car Accident Risk?

A study in 2014 at the University of Colorado Boulder examined data regarding the prevalence of car accidents in the time period six days immediately following the change in clocks every spring. The results of that study found an increase of 6.3 percent during the six days after we change our clocks. The data was collected over a 10 year period. The reason for this increase in fatalities is because our bodies have a natural clock, known as the circadian rhythm. When the sudden shift in time occurs, it throws our natural clock off temporarily, and our bodies take time to readjust because of the sleep deprivation. This data is also corroborated by a study from Manitoba Public Insurance, an insurance agency in Canada. They found there was a 20% increase in car accidents the day after daylight savings time began compared to the other Mondays of 2014.

How Can This Be Prevented?

If you are worried about your drowsiness affecting your ability to drive a motor vehicle, you should take steps to lessen the likelihood of sleep deprivation. Making sure to go to bed early when you know the clocks will change, staying well-rested, and keeping an eye out for those drivers who were not as prepared as you were will help you stay accident-free after the time change.

...

IL injury lawyerDriving a vehicle is dangerous for a number of reasons. Other drivers, road conditions, or mechanical failure are just some of the things that can cause a car accident while driving. The injuries or deaths due to many car accidents are preventable, and the Illinois Department of Transportation is constantly working to improve road safety to reduce these injuries and deaths.

The Illinois DOT strategic highway safety plan has five main categories in their mission to make roads as safe as possible, which are explained in depth below.

Engineering

The engineering aspect focuses on working to improve the roadway itself and the safety features on the roadway. Evaluating and updating the infrastructure of roads is key in this step since the road needs to be safe in order for the drivers to be safe. Some examples of engineering working to make roads safe are the implementation of rumble strips in the center and shoulder of more roads, updating and implementing more markings on roads, and adding more roundabouts.

...

IL crash lawyerVehicle collisions are often traumatic incidents which can cause injury or death. Car accidents themselves are bad enough, but if your vehicle rolls over it can be even more traumatic. Safety measures have advanced greatly in recent years, but a rollover is still one of the most deadly types of serious crashes.

Even though vehicle rollovers only happen in about 3% of major crashes, they cause around 30% of deaths in passenger vehicles. Injuries or death due to vehicle rollovers can be decreased with more people wearing seat belts, better safety measures, and vehicle designs that focus on rollover avoidance. Until more of those measures are put in place, drivers should focus on learning what causes rollovers and how to prevent them.

Causes

Most rollovers are caused by a vehicle swerving onto something such as a median, curb, or pothole. When a vehicle swerves onto a pothole or something similar, it is called “tripping” because the vehicle is tripping over the obstacle and rolling over. When vehicles “trip” over obstacles, they are thrown off balance and much more likely to roll over.

...

IL accident lawyerAutomobile collisions can be as simple as a fender-bender, or cause fatalities. Thousands of pounds of metal colliding with each other at high speeds can be a recipe for disaster. Usually, car crashes are one vehicle hitting another, but occasionally there are multiple vehicle pile-ups or collisions. When multiple vehicles are involved in the collision, it may be difficult to determine who exactly is at fault and needs to pay damages. Determining the fault in a collision is key to a court case, and is made more difficult in multi-vehicle situations.

Modified Comparative Negligence

Fortunately, Illinois law has a system which helps determine the fault in collisions with multiple vehicles, called modified comparative negligence. With the modified comparative negligence doctrine, jurors can assign a percentage of fault to each party responsible and divvy up the damages based on the percent the plaintiff is responsible. If the plaintiff is not at fault at all, they will get more money, if they are at fault 20%, they will get 20% less than they normally would. This goes all the way up to 50%. If the plaintiff is found to be 50% or more at fault or negligent, they do not receive any damages.

...

Posted on in Car Accidents

IL accident lawyerOne of the major uses of a bicycle has always been for children to ride. However, now there is an increase in cyclists of all ages. The increase is for a variety of reasons, including physical exercise and environmental consciousness. Each year from 2011-2017 also included an increase in cycling fatalities and injuries. In 2017 there were 783 bicyclists killed in motor vehicle crashes, with many more being injured. Compared to the number of motor vehicle fatalities, that may not seem like many, but most fatalities can be prevented by enacting some basic safety procedures.

Safety Tips

The first tip given to anybody, child or adult, riding a bicycle is to wear a helmet. A helmet protecting your head can prevent concussions or worse from happening when impacting the pavement or an obstacle. Many people do not wear a helmet because they don’t like the way it looks or feel it is unnecessary. If a bicycle crash does happen, people not wearing a helmet will wish they were wearing one.

...

IL injury lawyerYou have just gotten into a car accident and you are panicking because you do not know what to do next. This has never happened to you before, so you have no prior knowledge to draw from. Who do you call? What do you do first? What do you do if you are hurt? These are questions that will probably arise if you ever find yourself in the precarious situation of a car accident. You may think it is not likely to happen to you, but statistics say otherwise. According to the National Highway Traffic Safety Administration, there were over 6 million traffic accidents reported to police in 2016. Understanding the appropriate steps you should take after an accident can ensure that you are compensated for your damages.

Immediately After the Crash

Stay Safe

...

 Illinois injury lawyerLosing a loved one is hard, and it’s even harder when their death is the result of negligence. In this case, family members may choose to file a wrongful death lawsuit, seeking damages, usually in the monetary form. According to the Centers for Disease Control and Prevention, death from unintentional injuries is the fourth leading cause of death in the United States, meaning wrongful death is unfortunately uncommon.

What Is Wrongful Death?

Wrongful death is any death that is caused by another person’s recklessness or negligence. According to the state of Illinois, wrongful death is defined as death due to another person’s, company’s or corporation’s intentional, negligent or misconduct. Some common examples of wrongful death include:

...

Illinois injury lawyerAccording to the National Highway Traffic Safety Administration (NHTSA), there were an estimated 6,296,000 car accidents reported to police in 2015. An estimated 737,100 of those were hit-and-run accidents. In Illinois alone, 313,316 crashes were recorded in 2015. Hit-and-run accidents can be stressful and take an emotionally toll on the victim. Hit-and-run accidents can also be expensive - unexpected medical bills and vehicle reparations can put a dent in your finances. Understanding what a hit-and-run accident is, common causes of them and what you should do after an accident will be pertinent to getting the compensation you deserve.

What Is a Hit-and-Run Accident?

A hit-and-run accident is when a person flees the scene of the crash before giving any information to the other person involved in the accident or if they fail to report the crash. According to Illinois state law, all accidents involving death or personal injury must be reported to police within 30 minutes of the incident, or you will face criminal charges.

...

Posted on in Wrongful Death

Illinois injury lawyerIt is hard to imagine anything more distressful and heartbreaking than the sudden death of a loved one due to an accident or some kind of negligence. Pursuing a wrongful death suit often helps family members find some type of closure while requiring parties at fault to correct flaws in systems, procedures, manufacturing or other processes.

It Should Never Have Happened

When deaths occur due to accidents or some type of negligence, what everyone needs to realize is that these occurrences are not confined simply to the home or place of work. While wrongful deaths occur in these locations, recent news illustrates that tragedy can strike when one least expects it.

...

Illinois injury lawyerEvery year millions of fans across the country flock to baseball games to watch their favorite team and players. Most of those fans long for the chance to take home a foul ball or broken bat as a souvenir. However, what is a fan’s recourse if they are injured by a ball that is thrown or hit into the stands or a piece of bat that splinters and flies into the seats?

Some Believe More Netting Is the Answer

Incidents that occurred at Major League Baseball games during the 2017 season that resulted in fans suffering injuries from foul balls, called attention to the inherent danger of attending live sporting events, as well as steps team and venue owners could take to better protect those in attendance.

...

Illinois personal injury lawyerPlaintiffs from across the country and around the world frequently file their cases in Illinois as the courts in a handful of counties gained the reputation for awarding large monetary settlement awards. However, a recent unanimous decision by the Illinois Supreme Court could impact the flow of suits, personal injury claims, and asbestos cases into the state from other jurisdictions.

Targeting Tort Reform in Illinois

Corporations operating in the state heralded the ruling as they have long sought some relief in the way of limits to general personal jurisdiction to which they were liable. Now, for a claim to be heard in Illinois it must meet some criteria in order to qualify for a place on a court’s docket. The ruling issued by the Illinois Supreme Court sought to establish parameters by which out-of-state plaintiffs could file its suit with a court in Illinois.

...

Illinois wrongful death attorneyWhile it may be true that sometimes accidents just happen, it is also true that many accidents are avoidable. When wrongful death occurs due to the negligence of others, there are legal avenues one can pursue to ensure those responsible are held accountable.

Examples of Wrongful Death and Liable Parties

Frequent incidents of deaths to road workers occurring on Illinois highways forced the state to enact stricter laws punishing motorists who strike and injure or kill construction or highway workers. However, regardless of the criminal outcome, the driver can still face a wrongful death suit in civil court.

...

WE DON'T GET PAID UNTIL YOU DO!

Free Initial Consultation

630-665-5678

Our attorneys aggressively pursue every avenue to ensure that you are properly compensated for your pain and suffering, medical costs, or lost wages as soon as possible. You pay nothing until you receive the judgment or settlement you deserve.

ISBA DCBA AJ ITLA
Back to Top