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Understanding the Role of Negligence in a Personal Injury Case
If you or a loved one have been injured, you may wonder
whether or not you will be eligible for compensation
through a
personal injury claim.
The vast majority of personal injury cases hinge upon the
concept of negligence. The word “negligence” is typically
understood to mean carelessness or recklessness, but the
legal definition is much more specific. In order to prove
that a party’s negligence led to your injuries, you will
need to demonstrate several things..
Duty and Breach of Duty
When a party has a legal “duty of care” to another party, it means that there is a certain relationship between the parties. For example, commercial property owners have a duty to keep premises safe for customers. When this duty is breached, it means that the party that owed a duty failed to uphold their responsibility, and such a failure could constitute negligence.
3 Steps You Should Always Take After a Slip and Fall Accident
A serious
fall accident
can happen to anyone. Something as simple as an unsecured
rug, spilled liquid, broken step, unstable handrail, or
loose floorboard can cause an individual to fall and be
seriously hurt. Fall accidents can cause injuries that
require extensive hospitalization, surgery, and long-term
physical therapy. A person who suffers a fall can also be
left unable to work or enjoy life as he or she could
before the accident. When a party’s negligence causes an
individual to experience a fall accident, the party may be
liable for the injured person’s damages. If you ever
suffer a serious fall, there are three steps you should
take.
Step 1: Go to the Emergency Room or Visit Your Doctor As Soon As Possible
Elderly individuals and those with disabilities are at an increased risk of being hurt in a serious fall. However, even if you are a relatively healthy person, a slip and fall accident can cause you significant physical harm that results in long-lasting consequences. Traumatic brain injuries and spine injuries caused by a fall are especially concerning. The symptoms of traumatic brain injury are often subtle and the injured person may not immediately realize how hurt he or she actually is.
How Can a Passenger in a Car Accident Recover Compensation?
When most people think of personal injury claims
involving car accidents, they typically assume that the
driver of one vehicle is bringing a claim against the
driver of another vehicle. However, this is not the only
type of situation in which a person may be seriously
injured in an auto accident.
Passenger injuries
can be just as catastrophic, if not worse, than driver
injuries. If you have been hurt in a car accident and
someone else was driving, read on to learn about how you
may be able to recover compensation.
Determining Fault in a Passenger Injury Claim
The person at-fault for a car accident involving passenger injuries may be another motorist or it may be the driver of the vehicle that the passenger was riding in. In many car accident cases, the fault lies with more than one party. Often, passengers injured in a car accident feel uncomfortable bringing an injury claim against the driver of the vehicle that they were in because they have a personal relationship with that person. If this is your situation, it is crucial to remember that a personal injury claim is not an attack against the at-fault driver. If you choose to file a claim, you will most likely be bringing the claim against the insurance company, not the individual. You deserve to be compensated for your injuries even if the liable party is your friend, relative, or colleague.
What Types of Damages Are Available in a Wrongful Death Lawsuit for a Fatal Pedestrian Accident?
The unexpected loss of a loved one is tragic regardless
of the circumstances but losing a loved one in a fatal
pedestrian accident is often especially heart-wrenching.
Knowing that your loved one’s last moments involved a
violent vehicle collision can cause you agonizing grief
that lasts for years. If you have lost a loved one in this
manner, you know that personal grief is not the only
consequence of such a tragedy. You must also find a way to
survive the burdensome financial consequences of the loss.
One way that you may be able to receive financial relief
is through a wrongful death claim.
Determining When a Successful Wrongful Death Claim Is Possible
In January of this year, a 46-year-old woman died after being struck and killed in a Waukegan hit-and-run accident. Drivers who leave the scene of an accident after striking a pedestrian are likely to face serious criminal consequences for their actions. Drivers involved in pedestrian accidents while driving under the influence of alcohol or drugs (DUI) will also face criminal charges. Although criminal charges are not a requirement for a successful personal injury claim, criminal charges are likely to make the process of recovering damages easier.
Victims Injured in Reckless Driving Accidents May Be Entitled to Financial Compensation
Although most people rarely consider it, driving a motor
vehicle is a tremendous responsibility. A
several-thousand-pound vehicle traveling at a high speed
is capable of causing catastrophic damage to both property
and human life. When a motorist drives in a way that puts
other people’s lives in danger, he or she may be charged
with the criminal offense of reckless driving. Reckless
driving can cause other motorists, passengers, and
pedestrians to be severely injured or even killed. If you
or a loved one were hurt in a car accident
involving reckless driving, you may bring a civil claim
against the reckless driver in addition to any criminal
charges he or she faces.
Illinois Reckless Driving Laws
In Illinois, there are two main ways that a person can be charged with reckless driving. Per the Illinois Vehicle Code, a person commits the offense of reckless driving if he or she:
St. Patrick’s Day is One of the Most Dangerous Days on the Road Due to Drunk Drivers
In just over two weeks, thousands of Illinois residents
will flock to pubs and bars to celebrate St. Patrick’s
Day. Unfortunately, some of these revelers will inevitably
choose to drive home under the influence of alcohol.
Because St. Patrick’s Day is one of the biggest drinking
days of the year in many communities, it is also one of
the most dangerous days to be on the road. Sadly, it is
estimated that a person loses his or her life in
an alcohol-related car accident
every 37 minutes on St. Patrick’s Day and countless more
are injured. The National Highway Traffic Safety
Administration reminds St. Patrick’s Day partiers to
arrange for a designated driver, taxi, rideshare, or other
safe means of transportation if they plan on drinking.
Personal Injury Claims Against a Drunk Driver
People involved in drunk driving accidents may suffer broken bones, spine and neck injuries, traumatic brain injuries, internal organ damage, and more. These injuries can leave a person with enormous hospital bills and ongoing medical costs. The injured person may even be permanently disabled and never regain the quality of life he or she had before the accident. When a drunk driver causes an accident and someone is hurt or killed, a personal injury claim may help the injured person or surviving loved ones collect compensation for their damages. Civil claims for damages can be brought in concurrence with criminal DUI charges.
What You Should Know About Accidents Caused by Drivers Under the Influence of Marijuana
Marijuana has several substantial effects on a user’s
body and mind. Depending on the amount of cannabis smoked
or otherwise consumed, the drug may cause impaired
judgment, reduced coordination, and slowed reflexes. These
effects can significantly impair a person’s ability to
safely drive. On January 1, 2020, Illinois legalized the
recreational consumption and use of cannabis. If you or a
loved one have been injured in a car accident
caused by a driver who was under the influence of
marijuana, you may wonder what your options for
compensation are now that cannabis is legal.
Drugged Driving Laws in Illinois
When most people think of driving under the influence (DUI), they assume the intoxicating substance is alcohol. However, driving drunk is not the only way a person can be charged with a DUI in Illinois. It is also against Illinois law to drive or be in physical control of a vehicle if:
How Do I Recover Compensation After Being Hurt in a Bus Accident?
Public transportation is a convenient, cost-effective,
and environmentally friendly form of transportation for
many Americans. Commuters riding a city bus to work,
children aboard school buses, and other bus riders often
assume that riding a bus is a safer alternative than other
forms of transportation. While the vast majority of bus
rides are completed without issue, major bus accidents
do happen. Passengers involved in a bus accident can
suffer devastating, sometimes fatal, personal injuries.
Determining Fault for Injuries Sustained in a Bus Accident
Just recently, three women were killed and 17 others were injured when the charter bus they were riding on rolled down an interstate embankment in California. The official cause of the crash has not yet been established, but it is likely that rainy conditions contributed to the bus driver losing control of the vehicle.
Can I Sue a Business for Slip and Fall Injuries Caused By Ice?
There is no doubt about it: Illinois winters can be
harsh. Snow and ice accumulation can make something as
simple as going to the grocery store or walking through a
parking lot a treacherous excursion. Icy walkways,
sidewalks, and parking lots are especially dangerous
because of the potential they have to cause
slip and fall injuries. Slipping on ice and falling can cause broken bones,
serious back injuries, and even traumatic brain injuries.
If you or a loved one have slipped on ice and fallen on a
commercial property, you may be wondering whether or not
you can sue the property owner for damages. Illinois
personal injury cases involving snow or ice-related
injuries are especially tricky due to a special law
regarding snow and ice accumulation.
Natural vs. Unnatural Accumulation of Snow and Ice
Unlike other types of property maintenance, most property owners are not obligated to remove “natural accumulations” of ice, snow, or melt water. One exception to this rule is if a lease or contract obligates a property owner to remove natural accumulations. This means that a property owner is typically not liable for injuries caused by the accumulation of snow or ice caused by the weather. However, if an individual slips and falls on an “unnatural accumulation” of ice or snow, the property owner may be liable.
Personal Injury Claims Involving an Ambulance or Other Emergency Vehicle
In order to reach the emergency as soon as possible,
police cars, fire trucks, ambulances, and other emergency
vehicles may run red lights and drive in ways typically
not permitted by law. Loud sirens and flashing lights
alert the surrounding motorists to move over and make way
for the emergency vehicle. While most motorists see the
warning signs and safely move out of the way of
approaching emergency vehicles, others are not able to
avoid the emergency vehicle and a collision
occurs. A motorist may also hit something else while
attempting to avoid an emergency vehicle.
Illinois Laws Regarding First Response Vehicles
Moving out of the way of first response vehicles is not only common sense, it is also mandated by law. Drivers are required to yield to any authorized emergency vehicle that is signaling an emergency. The driver is expected to pull over to the right side of the road and remain stopped until the emergency vehicle passes or the police directs the motorists to proceed.
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.
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