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Updates to Federal Motor Carrier Safety Administration’s Hours of Service Rules
Driving a truck can be a grueling occupation. Truck drivers must spend long periods of time behind the wheel and away from their loved ones. Sleep deprivation and drowsy driving are major concerns in the trucking industry. The Centers for Disease Control and Prevention (CDC) reports that drivers who do not get enough rest are less attentive to their surroundings, slower to react, and have greater difficulty making decisions.
In order to reduce the frequency of truck accidents and bus accidents caused by fatigued drivers, the Federal Motor Carrier Safety Administration (FMCSA) has instituted rules that limit the number of hours truck drivers and bus drivers can drive consecutively. Modifications to these regulations go into effect on September 29, 2020.
Changes to Rules Regulating Commercial Driver Rest Breaks
What Are Punitive Damages and When Are They Awarded in an Illinois Personal Injury Claim?
Personal injury claims are used to pursue compensation for a person who has been injured due to the wrongful or negligent actions of another party. The other party may be an individual or it may be an organization such as a manufacturing company or business. The term “damages” is used to describe the harm for which a personal injury plaintiff receives compensation. In some cases, additional compensation called “punitive damages” is awarded.
Reckless Indifference to a Risk of Harm
Typical damages in a personal injury claim include medical expenses, lost income, reduced future earning capacity, and pain and suffering. Punitive damages are above and beyond compensatory damages and are intended to punish the at-fault party for behavior that is especially reprehensible. Illinois law states that a plaintiff may be awarded punitive damages if he or she can prove that the defendant’s actions were with “evil motive” or reckless disregard for the safety of others. Punitive damages are referred to as “exemplary” damages because they are designed to “make an example” out of the defendant and discourage other parties from acting similarly.
How Can a Personal Injury Lawyer Help Me Win My Injury Claim?
If you were hurt by the actions or negligent inaction of another party, you may be left with significant financial losses and painful, long-lasting injuries. Ideally, the responsible party and/or insurance company would reimburse you for these expenses, however, getting full compensation through these means is often next to impossible. Insurance companies typically try to settle for less than the injured person’s damages are actually worth and may disregard non-financial damages like pain and suffering. In many cases, bringing a personal injury claim against the at-fault party is the best way to recover compensation after a slip and fall accident, car accident, or other injury-causing incident. If you are interested in pursuing a personal injury claim, you may wonder exactly how a personal injury lawyer will benefit your case.
Hiring a Personal Injury Attorney Increases Your Chances of Success
I Was Injured at an AirBnB. Can I Receive Compensation for My Damages?
Airbnb is an online marketplace allowing guests to temporarily rent the homes and apartments of other individuals. Unlike a traditional bed and breakfast in which the host provides meals and housekeeping services, Airbnb hosts may never even meet the guests in person. Many people have positive experiences renting Airbnb homes during their vacation, but others find themselves staying in unsafe, unsanitary, and unwelcoming dwellings. If you or a loved one were injured while staying in an Airbnb, you may be entitled to compensation through a premises liability claim.
Airbnb Owners Have a Legal Duty to Prevent Foreseeable Injuries
According to the Illinois Premises Liability Act, property owners and managers have a legal obligation to ensure that their property is free of unreasonable hazards that present a risk of injury to lawful visitors. Individuals renting living spaces through Airbnb are also subject to premises liability laws. Although an Airbnb owner or operator may not be able to prevent injuries stemming from the guests’ own actions, he or she does have a duty to prevent injuries caused by unsafe conditions on the property. The owner or operator should ensure that the property is well-maintained, clean, and secure. Examples of Airbnb injuries that may lead to premises liability claims include:
Are Drowsy Drivers as Dangerous as Drunk Drivers?
If you are like most adults, you probably do not get as much sleep as you wish you did. Whether it is a crying infant, noisy neighbor, early morning work meeting, or other factors, getting the recommended 7-9 hours of sleep a night can be a challenge. However, being sleep deprived can significantly lower concentration, attention, reaction time, and cognitive functioning. Because these are the exact skills needed to drive, sleep deprivation dramatically reduces a person’s ability to safely operate a vehicle. The problem is so bad that one in five fatal car accidents are thought to involve a fatigued driver.
The Effect of Sleep Deprivation on Driving Ability
By now, most people have heard about the dangers of driving under the influence of alcohol or drugs and distracted driving. However, little attention is given to the hidden risks of fatigued driving. According to a study conducted by AAA, drivers who get one to two hours less than the recommended amount of sleep at night are twice as likely to be involved in a car accident. Divers who get three to four hours less than the recommended amount of sleep are four times more likely to be involved in a car crash. If a driver sleeps for less than 4 hours during a 24 hours period, he or she is an astounding 11.5 times likelier to be in a collision. The level of impairment caused by severe sleep deprivation is comparable to being over the legal blood alcohol (BAC) limit.
How Is Accident Reconstruction Used in an Illinois Car Accident Injury Case?
If you have ever been in a serious motor vehicle accident, you know just how disorientating the experience can be. In the span of only a few seconds, your world is completely turned upside down. Understandably, it can be difficult to remember exactly what happened during a major car accident. This is especially true if you suffered a head injury or went into shock during the accident. Accident reconstruction is a process through which experts investigate and analyze evidence to draw conclusions about the events that led up to an accident. Personal injury attorneys often work closely with accident reconstructionists to establish what actions were taken by motorists involved in the accident and when these actions occurred.
Gathering Evidence to Support Your Claim
Proving that the defendant’s actions led to the plaintiff's injuries is often the most difficult part of winning a personal injury lawsuit. Many personal injury claims involve a great deal of “he-said-she-said.” For example, a truck driver may claim that he started braking immediately after seeing a stopped car on the road while the driver of the stopped car insists that the truck driver hit his car at full speed. An accident reconstructionist can use physical evidence such as skid marks, the location of debris, leaked vehicle fluid, and the data from the truck’s event data recorder (EDR) to determine when the truck driver applied the brakes. The accident reconstructionist may be able to show that the trucker only applied the brakes seconds before the collision occurred. Conclusions reached through accident reconstruction along with data from the truck driver’s cell phone may show that distracted driving played a major role in the collision. This is just one example of how accident reconstruction may be used to support a personal injury claim. Accident reconstructionists may also use 3-d laser scanning, computer models, and other tools to investigate exactly what happened during a car accident.
Car Accident Victims Should Be Watchful for Symptoms of Delayed Injuries
Being involved in an auto accident can result in severe physical and emotional damage. However, this damage may not always be immediately evident. The trauma of a major car crash, truck accident, motorcycle accident, or pedestrian accident may put the victim in a state of shock and disorientation. The “fight or flight” hormones released in his or her body can have an analgesic effect, numbing the pain the individual feels from his or her injuries. This is why it is vital to always seek medical treatment after a car accident – even if you assume that your injuries are only minor.
Signs That You May Be More Injured Than You Realize
If you are hurt in a car accident, you may be left with injuries that require expensive ongoing medical treatment. You may need pricey hospital care, prescription medication, surgery, physical therapy, psychological counseling, or other interventions to manage the harm caused in the accident. These problems may also negatively affect your ability to earn a living. In situations such as these, a personal injury claim may enable you to recover compensation for the expenses incurred by the accident. However, a successful personal injury claim is only possible if there is documented evidence of your damages. This is why it is essential to receive prompt medical treatment if you experience symptoms such as:
What Does “Negligence” Mean in an Illinois Personal Injury Claim?
If you or a loved one have been hurt due to the carelessness or misconduct of another party, you may have questions about what it takes to win a personal injury claim and collect compensation. A personal injury claim may allow an injured individual to recover compensation for medical bills related to the incident, ongoing medical costs, pain and suffering, property damage, lost wages, and more. Most personal injury lawsuits hinge upon whether or not a party acted negligently.
Understanding the Legal Definition of Negligence
Although the word “negligence” is often used as a synonym for inattention or recklessness, the legal concept of negligence is much more precise. In order to prove that a party acted negligently, you and your attorney will need to show that four main elements are present in your case:
- Duty of Care: The defendant owed the plaintiff, or individual bringing the lawsuit, a “duty of care.” This means that the defendant had a legal obligation to act in a certain way toward the defendant. For example, a landlord has a legal obligation to keep his or her property free of preventable hazards. A store owner has an obligation to maintain a reasonably safe premise for customers. Drivers have an obligation to drive in such a way that does not present a risk of death or injury to other motorists or pedestrians.
Who Is Legally Responsible for Injuries Caused by a Dog?
Dogs can be loving, loyal companions. However, dogs who become aggressive toward humans can cause horrific injuries. A dog attack can result in puncture wounds, deep lacerations, nerve damage, broken bones, infection, and other major injuries. These injuries may leave the victim disfigured or disabled for the rest of his or her life. If you were the victim of a dog bite or dog attack, you may be entitled to compensation for your physical and mental injuries.
Dog Attack Laws in Illinois
Animal-related laws vary significantly from state to state. Illinois is a strict liability state when it comes to injuries caused by animals such as dogs. This means that a dog owner may be liable for injuries caused in a dog attack even if he or she did not know that the animal was aggressive or capable of injuring someone. According to Illinois statute, an owner is liable for injuries caused by his or her dog if:
Recovering Compensation for Whiplash After a Car Accident?
Being involved in a car accident can leave major physical and psychological damage. Car accidents caused by distracted driving, driving under the influence of alcohol or drugs (DUI), speeding, reckless driving, and other forms of negligence can lead to brain injuries, spine and neck injuries, broken bones, post-traumatic stress disorder, and much more. Injured parties may need expensive medical treatment and be left unable to work, enjoy hobbies, or care for their children. If you or a loved one suffered “whiplash” or other injuries during a car accident caused by the careless or criminal acts of another, a personal injury claim may enable you to recover compensation.
What Are the Symptoms of Whiplash?
Whiplash is a term used to describe a neck injury caused by sudden force. During an auto accident, the muscles, ligaments, and tendons of the neck may be stretched out in an unnatural way. This hyperextension can cause pain and stiffness in the upper back, neck, and shoulders, headaches, dizziness, and tingling and numbness of the arms. Difficulty concentrating, problems with sleep, memory loss, tinnitus, and fatigue may also be caused by a severe whiplash injury. However, these symptoms are often not immediately noticeable. Pain and other symptoms may develop hours or even days after the accident. Symptoms caused by a neck injury like whiplash typically last for a few weeks but may persist for several months or several years. Many people underestimate the damage caused to their body after being in an auto accident. Even a seemingly minor accident can cause damage to tissues, muscles, and connective tissues. This is one reason why it is so important to get medical treatment after being involved in a car accident.
Contact a Lake County Vehicle Accident Attorney Who is Ready to Help You
If you or a member of your family has been injured in a motor vehicle accident, contact our office. Call 847-662-3303 to set up a free initial consultation at one of our four convenient locations. There is no risk because we only collect fees if you collect compensation. With offices in Libertyville, Waukegan, Richmond, and Chicago, we represent clients in Lake County, Cook County, DuPage County, and McHenry County.
Results listed are not a guarantee or indication of future case results.
