Recent Blog Posts
Can I Bring a Successful Motorcycle Accident Injury Claim Even if I Was Not Wearing a Helmet?
For many Illinois residents, riding a motorcycle is one of the highlights of summer. Although a motorcycle can be an enjoyable mode of transportation, it is also one of the riskiest ways to travel. Statistics show that just under half of all motorcycle accidents result in serious injury. Motorcyclists are also 29 times more likely to die in an auto accident than drivers in passenger cars. Traumatic brain injuries, spinal cord injuries, and other life-changing injuries are commonly caused by motorcycle accidents. In many cases, wearing a helmet can reduce the risk of serious injury. If you or a loved one were hurt in a motorcycle crash in Illinois, you may have questions about how helmets influence personal injury claims involving motorcyclists.
Illinois Law Regarding Motorcycle Helmets
Illinois is one of a handful of U.S. states that do not have a mandatory motorcycle helmet law. Helmets are strongly encouraged, but a motorcyclist cannot receive a citation for not wearing a helmet. However, the law does require motorcycle drivers and passengers to wear eye protection. Glasses or sunglasses made of shatter-resistant material, goggles, or a transparent shield are all acceptable forms of eye protection. Although not required by law, research shows that helmet use significantly reduces the likelihood of serious injury to the face, head, and neck during a motorcycle accident. If an injured motorcyclist was not wearing a helmet or eye protection at the time of his or her accident, it is very possible that this fact will influence his or her personal injury claim.
Can I Receive Compensation if I Was Harmed by a Defective Medication?
Most people take prescription or over-the-counter medications from time to time. Whether the medication is for a heart defect, blood pressure problem, skin condition, or another medical concern, you probably trust that the medications you take are safe and effective. Unfortunately, medications with dangerous defects sometimes make their way into consumers’ hands. If you were harmed by a defective drug, you may be left with terrible side effects and insurmountable medical expenses. In some cases, a person who was injured by a defective medication may be entitled to financial compensation.
Drug Defects That May Lead to Product Liability Claims
The United States pharmaceutical industry is worth approximately $482 billion. Although pharmaceutical companies are responsible for countless beneficial and often life-saving medications, there are also times when a medication causes more harm than good. Pharmaceutical companies have a legal duty to ensure that the drugs they manufacture and sell are safe, effective, and meet quality standards. They must also disclose the potential side effects associated with the medication. A medication may be considered defective if it:
What Should I Do If I Have Been Involved in a Hit and Run Car Accident?
Most drivers know that stopping and exchanging contact information after a car accident is the right thing to do. Leaving the scene of an accident is not only unethical, it is also against the law. If you or a loved one have been hurt in a hit and run accident, you may feel confused and frustrated. You may also be completely unsure of what to do next. Fortunately, there are several steps you can take after a hit and run that will improve your chances of recovering compensation for your damages.
Get Medical Help Immediately
Many people do not realize the extent of their injures after being in a car accident because they are in a state of shock. Your injuries may be much worse than you realize. Injuries to the brain and spinal cord are often especially insidious. Your injuries may result in only subtle symptoms at first but then get much worse over time. Without documentation of the injuries after the accident, it may be hard to prove that your symptoms are in fact the result of the accident. Getting evaluated by a medical professional is the best way to ensure that your injuries are properly treated and that you have records of your injuries immediately after the accident.
Harsher Penalties for Distracted Driving Are Now in Effect in Illinois
By now, most people have heard the statistics about distracted driving: Over 1,000 people are injured, and approximately nine are killed in car accidents involving a distracted driver every day in the U.S. Distracted driving is also a contributing factor in 60 percent of car crashes involving a teenage driver. To combat this growing problem, Illinois recently enacted harsher penalties for drivers who drive while distracted.
Illinois Law Prohibits Cell Phone Use Behind the Wheel
Distracted driving includes any activity that takes your attention off of the road. It can involve visual distractions, manual distractions, and cognitive distractions. Texting, browsing social media, or otherwise using a cell phone while driving is especially dangerous because it involves all three types of distractions. To reduce the number of auto accidents caused by distracted driving, Illinois and several other states have increased the penalties for cell phone use behind the wheel. The Illinois Secretary of State now has the authority to suspend or revoke a person’s driver’s license if he or she causes a car accident resulting in bodily harm while using an electronic device. The fine for using a device and causing an accident resulting in injury has also been increased from $75 to $1,000. Drivers are expected to use voice-operated or hands-free options if they need to make a call while driving.
Bicycle Accidents Involving Shared Fault in Illinois
Riding a bicycle is a fun, healthy way to get from place to place. However, bicyclists must share the road with motorists. Distracted driving, drunk driving, and violation of traffic laws often put bicyclists' lives in danger. Many bicycle accidents result in serious injuries and death. In order to help prevent car-on-bicycle collisions, bicyclists are required to follow most of the same traffic rules that motorists must follow. If you were hurt in a bicycle accident and you were violating a traffic law, you may be considered to be partially at fault for the accident. Fortunately, you may still be able to bring a successful personal injury claim.
Bicycle Laws in Illinois
Bicyclists are expected to obey traffic laws and signage. They should travel in the same direction as the motor vehicles on the road. Traveling in the opposite direction of traffic is not only dangerous, it is also unlawful. Bicycles do not typically have electronic turn signals, but cyclists are still expected to indicate when they are turning. A left turn is indicated by placing your left arm straight out to the side. A right turn is indicated by placing your left arm at a 45-degree angle or placing your right arm straight out to the side. Bicyclists are also expected to stop at red lights and stop signs, travel the correct direction on one-way streets, and follow right of way laws at intersections.
How Can a Personal Injury Claim Help Me After Suffering a Serious Burn Injury?
Whether it is from staying out in the sun too long, accidentally touching a hot pan, or picking up a smoldering sparkler, most people have experienced at least one minor burn injury. Mild to moderate burn injuries can still be painful, but they do not compare to the extreme pain and dangerous medical complications caused by a severe burn injury. If you or a loved one have suffered a severe burn, you may be wondering what your legal options are. In many cases, a personal injury claim can help a burn injury victim recover compensation while simultaneously holding the party responsible for the burn injury accountable for its negligence.
Consequences of a Severe Burn Injury
Perhaps the most famous personal injury case involving burns is the case involving a spilled cup of McDonald’s coffee. Although the media portrayed the case as an example of a “frivolous lawsuit,” the reality of the situation was quite the opposite. The coffee was outrageously hot – hot enough to cause full-thickness burns to a person’s skin in two to seven seconds. The elderly woman who accidentally spilled the scalding coffee on herself received third-degree burns that required skin grafting and caused extensive disfiguration and horrific pain. Even worse, McDonald’s had received more than 700 other complaints of burn injuries caused by their overly hot coffee before this particular claim. Because the court found McDonald’s actions to be especially egregious, the woman was awarded punitive damages. Punitive damages are extra compensation designed to punish the wrongdoer.
Who Is Responsible for a Car Accident Caused by Loose or Falling Truck Cargo?
Many drivers feel uneasy when they are behind a tractor-trailer or flatbed truck transporting cargo. While most truck freight is transported without incident in the U.S., accidents caused by improperly secured cargo do happen. If you or a loved one were injured in an accident involving improperly secured freight on an 18-wheeler or other large truck, you may wonder who is to blame for the accident. The answer to this question is often difficult to determine and fault may lie with more than one party.
Determining Blame for Improperly Secured Truck Cargo
There are undoubtedly instances in which a truck driver is at fault for an auto accident. If the accident was caused by a driver who was under the influence of drugs or alcohol, for example, the truck driver may be liable for the damages caused. The driver may also be an at-fault party if he or she failed to complete a required inspection to ensure that the cargo was properly loaded and ready to haul. However, there are also many truck accidents that are not the fault of the driver. If the party who secured the truck cargo took shortcuts or failed to meet the securement standards required by the Federal Motor Carrier Safety Administration, the company that loaded the truck may be at fault. The trucking company may also be liable for damages caused by improperly secured cargo – especially if the company knew about or encouraged the shipping shortcuts that led to the accident. In other cases, the fault may lie with the company that designed or manufactured the equipment used to secure the cargo. For example, if defective tie-downs, straps, ropes, chains, cables, synthetic webbing, or other items used for securement were the cause of the cargo becoming loose or falling out of the truck, the manufacturer or designer of the items may be liable.
Hand Sanitizers Recalled After Dangerous Levels of Methanol Discovered
If you are like most people, you have probably used more hand sanitizer in the last few months than you ever did previously. When reports about COVID-19 first started making headlines, stores quickly ran out of bleach, soap, hand sanitizer, and other sanitizing products. Now, most people have the supplies they need but there is a new concern that some hand sanitizers contain toxic ingredients. The Food and Drug Administration has released a list of recalled hand sanitizer products that should not be used. It is very possible that concerns about these defective products will lead to product liability claims.
Product Manufacturers May Have Substituted Methanol for Ethanol
Most hand sanitizers contain ethanol or ethyl alcohol which is the active ingredient that kills bacteria and viruses. However, some hand sanitizers are labeled as containing ethanol or ethyl alcohol but actually contain methanol as well. Methanol, also called wood alcohol, can be very dangerous – especially to children. The substance can have significant harmful effects if it is absorbed through the skin and is often fatal if swallowed. Exposure to methanol can cause headaches, nausea and vomiting, blurred vision, and damage to the nervous system. In extreme cases, the substance can cause seizures, blindness, and coma. The FDA is worried that these products may be accidentally ingested by children or consumed by adults with addiction problems who are using the product as a substitute for alcohol. If you experience any of the above symptoms after using a product containing methanol, the FDA recommends seeking immediate medical treatment for methanol poisoning.
Can I Bring a Claim for Damages Against an Uninsured Illinois Driver?
In Illinois, it is unlawful to drive without auto insurance. Motorists are expected to carry their insurance cards at all times and may be asked by police officers to show proof of insurance during a traffic stop or after an accident. Unfortunately, some people do not take this requirement seriously and choose to drive without insurance. If you are injured in an accident and the at-fault driver is uninsured or underinsured, you may be worried about how you will recover compensation for your losses. Fortunately, there may be a way to recover compensation for medical bills, property damage, and other expenses even if the other driver does not have insurance.
Car Accidents Involving Uninsured Motorists
An uninsured motorist claim arises when a driver without insurance causes an accident thorough negligence or wrongdoing. Uninsured motorist claims often involve an at-fault driver who was driving under the influence of alcohol or drugs, driving recklessly, or was too preoccupied with a cell phone or other distraction to drive safely. Bicyclist and pedestrian accidents may also involve an uninsured motorist. In many cases, an uninsured motorist claim results from a hit and run. The uninsured driver is likely fearful of the consequences of driving and injuring someone without insurance, which is why he or she fled the scene of the accident. If the at-fault driver in a hit and run cannot be identified, there is no way to seek compensation from his or her insurance company. Underinsured motorist accidents involve an at-fault driver who has auto insurance that does not cover the damages caused in the accident.
Fatal Car Accidents Increase in Illinois Despite Stay-At-Home Order
The Centers for Disease Control and Prevention (CDC) estimate that over 32,000 people are killed in auto accidents each year in the United States and approximately 2 million are injured. Although we rarely think about it, getting into a car is statistically one of the most dangerous things most people do on a daily basis. Due to concerns about the spread of COVID-19, much of the country has been ordered to stay at home during the last few months. While many states saw a decrease in serious motor vehicle accidents during quarantine, Illinois surprisingly had more fatal auto accidents in March than in the months preceding the quarantine.
Increases in Speeding and Reckless Driving
For much of the beginning of 2020, most nonessential employees were furloughed and asked not to come into work. A large percentage of workers were also required to work from home. Restaurants, bars, and other businesses closed their doors to customers in an attempt to stop the spread of the pandemic. Since so many people were staying home due to the quarantine, most would expect the frequency of fatal auto accidents to decrease. Indeed, some states did see a major decrease in roadway deaths. For example, fatal auto accidents were down 32 percent in Hawaii and down 28 percent in Iowa. However, Illinois experienced an 11 percent increase in fatal traffic accidents in March of this year. The National Safety Council has speculated that although the roads are emptier, they are more deadly. This may be due to an increase in speeding, reckless driving, and violation of other traffic laws as a response to fewer cars on the road.
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.