Recent Blog Posts
Child Vehicle Safety Tips
Whether you have children of your own, babysit regularly, or are simply watching a neighbor’s child for a few hours, if you are transporting a child in your personal vehicle, car accident and injury prevention efforts are more important than ever. One of many studies from The Centers for Disease Control and Prevention (CDC) discovered that more than 618,000 children - newborns to age 12 - rode in vehicles without the use of a car seat or safety restraint most of the time, over the course of a single year. In the year 2014 alone, another study revealed that over 600 children, all 12 years old or younger, died as occupants in motor vehicles, while more than 120,000 were injured due to the same factors. Any parent or caregiver driving a child around in their car should be aware of the following before getting behind the wheel: 1. The Illinois “Child Passenger Protection Act” sets the standard for safety and accountability. Illinois law states that any person driving a child under the age of 8 is responsible for ensuring the child is secured in the proper restraint system. This means using an appropriate booster seat, and using a proper seat belt for children over the age of 8 but under the age of 16. Educate yourself about the various age stages and the restraint requirements for each. For example, newborn babies and children up to 2 years old must be transported in rear-facing car seats, while children up to 5 years old must be in forward-facing car seats.2. Car seat and booster seat placement is everything.
Pedestrian Accident Risks
The National Highway Traffic Safety Administration (NHTSA) reports that since 2015, there has been a significant increase in pedestrian accidents across the nation, with a particularly sad spike in fatality numbers. Over 5,000 pedestrian deaths were recorded in the United States in 2015 alone, shining an overwhelming light on the ever-growing need for an increase in pedestrian injury prevention efforts.
When Are We Most at Risk?
Considering the fact that nearly everyone is an active pedestrian at some point throughout the course of their weekly commute, it is no surprise that pedestrian injury and fatality are ongoing problems throughout the state of Illinois and around the country on a daily basis. The more often we are exposed to pedestrian dangers, the greater our chances of experiencing an accident of some sort. While anyone can be impacted by an auto collision at any time, there are certain risk factors that increase the likelihood of a pedestrian incurring an injury while out and about:
Traumatic Brain Injury May Result in Long-Term Sleep Problems
Statistics indicate that at least 1.7 million people suffer from a traumatic brain injury (TBI) in the United States each year. One of the most common causes of TBIs is car accidents. Some victims may suffer from severe long-term or permanent disability. Others may recover. Both are at risk for long-lasting sleep disturbances, a new study says. Why is this important, and what might it mean for your personal injury case? The following explains. TBI and Sleep Disturbance In what was said to be the longest and most comprehensive study on the possibility of sleep disturbances in TBI victims, researchers followed 31 first-time TBI sufferers for a total of 18 months. The study also included a control group of 42 healthy people who did not have a history of traumatic brain injury. Both groups were asked to report their sleep behaviors and sense of daytime sleepiness. Body movements were recorded for a total of two weeks using a wrist device, and each participant also spent a night in a video sleep lab. Here, doctors monitored individuals for muscle activity, body movements, and heart rhythm. When comparing the two groups, researchers found that only 19 percent of the control group had experienced daytime sleepiness. This was compared to a concerning 67 percent of all TBI sufferers. What makes this so interesting is that the TBI sufferers, on average, tended to sleep about an hour longer than those in the control group. Another interesting but concerning point was that TBI sufferers seemed to be less apt to notice sleep disturbances than non-sufferers. Why Sleep Disturbances Are a Concerning Issue While, hypothetically, a short-term disruption of sleep patterns may be fairly harmless there are situations that could potentially increase harm to sufferers. For example, many experienced sleep disturbances long after their injury, even when the injury was minor. Long-term sleep deprivation and daytime sleepiness could place the victims at risk for other issues, such as an increased risk for experiencing an automobile accident. Some may even be at risk of developing certain health conditions, including weight gain, hypertension, and diabetes. Fighting for Fair Compensation When negligence leads to the injury of another, the victim has the right to pursue full and fair compensation for any losses they experience. In the case of TBI sufferers, those losses can extend well beyond a simple bump on the head, and this must be taken into account when calculating the potential award. Unfortunately, insurance companies and claims adjusters typically attempt to reduce settlement amounts, sometimes by minimizing the pain and suffering experienced by the victim. Protect your rights with help from an experienced attorney.At Salvi & Maher, LLP, we understand the challenges you face. We will fight to ensure your best interests are preserved, and that all factors are considered in the analysis of your case. Learn more about how our skilled Lake County personal injury lawyers can help with your situation. Call us at 847-662-3303 and schedule your personalized consultation today.
How to Determine Who Is at Fault in an Accident
In some cases, deciding fault in a car accident is an open and shut case. If you were rear-ended or had the right of way, fault is easy to assign.
But what if fault is not so clear cut? In these cases, a car accident lawyer can help and can make your best case.
How Fault Is Determined Under the Law
The law of negligence decides who is at fault for a car accident. The central question in deciding who is negligent - and thus who is at fault - is deciding if the driver was acting reasonably.
If there is evidence that the other driver was breaking the law at the time of the accident, that is strong evidence that he or she was at fault. These days texting and driving causes many accidents. A lawyer could be able to subpoena the phone records of the other driver. If it is proven that the driver was breaking the law at the time of the accident, your case will likely be resolved in your favor.
Partially at Fault in a Car Accident? You May Still Be Able to Recover Damages
You have a couple of options if an insurance company told you that you were partially at fault in a car accident. Fault is important because it is the first consideration in getting a victim compensated for injuries. If you are found to be at fault or mostly at fault, you will not be able to recover.
Option 1: Challenge the Fault Determination
If you got into a car accident with another person, the other driver’s insurer is interested in finding you to be at fault. If you are at fault or partially at fault, the insurance company will pay out less money to you.
It may be that you are not at fault or should not bear the amount of fault that the insurer says. A car accident attorney with knowledge of traffic laws will be able to re-examine your accident. If necessary, the attorney will enlist the help of a car accident reconstructionist who can better ascertain fault.
A Wake-Up Call: Drowsy Driving Can Be Deadly
An alarming new study shows that drowsy drivers are four times more likely to get into a car accident than their well-rested counterparts. The research conducted by AAA found that missing just two or three hours of sleep quadruples the risk of getting into a car accident when compared to drivers who get at least seven hours of sleep. This means that one night of bad sleep can jeopardize the safety of the driver and everyone else on the road.Drowsy Driving vs. Drunk Driving
Many car safety advocates believe that driving drowsy is just as dangerous as driving drunk. Driving with either impairment can mean that the driver will:
- Be inattentive;
- Use poor judgment;
- Have slower mental processing; and
- Display poorer reflexes.
Illinois Lawmaker Proposes Another Speed Limit Increase on Interstates
State Senator Jim Oberweis is the sponsor of a bill that would raise interstate speed limits to 75 mph. This concerns many traffic safety advocates who believe that speed is a major cause of motor vehicle accidents.About the Proposed Law
The speed limit on Illinois interstates is 70 mph. Sen. Oberweis justifies his bill by arguing that 75 mph is a safe speed since the vast majority of people -- he says 85 percent -- drive that fast anyway. Sen. Oberweis, who has pushed for higher speed limits in the past, argues that accidents are not caused by speed but rather variation in speed. Also, he believes that having a speed limit that few follow “breeds further disregard of laws.” The bill also proposes raising the speed limit on non-urban, non-interstate roads from 55 to 60 mph.Opponents of the Bill
Who Is Liable for Rear-End Collisions?
Did you know that approximately 40 percent of all vehicle accidents are considered rear-end collisions? These statistics come out of data produced by the National Highway Traffic Safety Administration (NHTSA). A rear-impact accident occurs when one vehicle runs into the back of another vehicle. While the majority of these accidents occur at speeds less than 10 miles per hour (MPH), long and lasting injuries are still possible. Potential injured areas include the head, neck, and spine, which are among the most vital and used parts of the body. Recovery is important to retain the same standard of living. However, the cost of doing so may reach astronomical numbers. Who should be responsible for the accumulating medical expenses?
Common Causes of Rear-Impact Collisions
Can Aftermarket Accessories Cause Vehicle Accidents?
While many of us would like to have stunning new rims for upgraded tires as well as visually attractive trim work to make our vehicles stand out on the road (and make them easily identifiable in a crowded parking lot), sometimes there is added value and security in the basic model. Although legal, with each modification made to a factory car, comes the potential for an accident. Not only are many of the aftermarket car parts not up to the standards of the original manufacturer, creating inevitable accidents when they malfunction, but some are also downright flashy and distracting to drivers on the roads. At what point do these parts go from being a vehicle enhancement to liability in a car accident? OEM Versus Aftermarket The vehicle industry breaks into the original equipment manufacturer (OEM) and the secondary parts manufacturers, aftermarket. If you take your car to the dealership for repair, you are getting the original parts intended for the vehicle. If you take it anywhere else, you are getting cheaper, and perhaps sub-quality parts. Once drivers begin adding custom parts and colors to their vehicles, the accessories start leaning toward distracting other drivers. How Can Parts Be A Distraction It would seem that the flashy colors would make all other drivers aware of the presence of a vehicle, reducing the likelihood of its involvement in an accident. However, according to National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI), 80 percent of crashes and 65 percent of near-crashes involve some form of driver distraction. While most believe that preoccupation is always electronics related (which can occur, too), there are several causes of distracted driving. The five most prevalent causes of distracted driving include:- Cell phone usage,
Traffic Intersection Hazards and How to Spot Them
No matter where in the world we are commuting, whether we are traveling by car or by foot, there are certain areas on and around our roadways that tend to be hot spots for car accidents and pedestrian injuries. Traffic intersections remain at the top of the list when it comes to these problematic areas. Thankfully, there are multiple engineering efforts in effect on behalf of our roadway officials and experts, such as special geometric designs and the utilization of various traffic control devices. These efforts work as preventative measures to reduce accident and injury at our intersections, and they are ever-evolving, with new designs and strategies introduced periodically. Your Role in Intersection Accident Prevention Along with these collision prevention efforts, drivers and pedestrians are left to do their part in taking a proactive role in their own safety. Intersections will always be hazardous due to the nature of their surroundings. Pedestrians and motorists meet and converge at traffic signals for a number of activities, naturally producing opportunities for collision. There are certain steps we can take, however, that lower our chances of accident or injury significantly. Remaining alert as we drive or pass through an intersection is our very best defense against experiencing an accident. Here are some common hazards that signal danger as we approach an intersection and how to spot them sooner, rather than later: Drivers failing to yield - The Illinois Department of Transportation (IDOT) reports that a common cause of angle and turning crashes at intersections are caused by the failure to yield to oncoming vehicles. Flashing Yellow Arrow signals (FYAs) have been implemented to address this problem. Watch out for drivers who are speeding through these flashing lights and failing to yield to you as you move in their direction. The moment you see this, slow down immediately and approach the signal with extreme caution. Aggressive behaviors - Be on the lookout for any signs of other drivers displaying erratic or aggressive behaviors. For example, if you see someone speeding, tailgating, or swerving impulsively as you approach a busy intersection, slow down, do not make eye contact, and do not challenge the driver in any way. These are signs of angry, intoxicated, or unstable driving, and should be avoided at all costs. If you feel you are in serious danger or that the lives of others are in danger, do not hesitate to pull to the side of the road and notify the authorities. Incorrect (or lack of) use of designated crosswalks - Another hazard to watch out for is a pedestrian crossing the road where no marked crosswalk exists or using a crosswalk incorrectly, such as walking when the signal tells them not to. Pedestrians who fail to obey the intersection signals and signs place everyone who crosses their path at risk for accident and injury. When you witness this, make sure you are not speeding and that you are prepared to stop suddenly.If you have had the unfortunate experience of being involved in any kind of intersection-related collision, it is important to speak with a qualified Lake County car accident attorney to arm yourself with the resources you need to protect your rights in a court of law. The moment you are injured, call Call Salvi & Maher, LLP at 847-662-3303 and ask for a personal consultation.
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.