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Recent Blog Posts
I Was Hit By An Uninsured Driver. Can I Still Receive Compensation?
Being the victim of any type of car accident is stressful. However, when your accident is caused by an uninsured driver, the situation becomes even more complicated. If you or a loved one were in a car accident involving an uninsured motorist, you may be unsure of what to do next. You are likely concerned about how you will pay for vehicle repair costs, medical fees, and other costs incurred by the accident, and whether or not you are fully responsible for the costs. With the help of a reputable accident attorney, you will be informed of your options as an Illinois driver.
Car Accident Liability in Illinois
Typically, the insurer of the driver who is at fault for a car accident is responsible for paying the damages resulting from the accident. Car insurance is mandatory in Illinois, however, some people choose to drive without auto insurance and in violation of the law. Others forget to renew their policy or fall behind on payments and lose coverage. If an uninsured or underinsured driver causes an accident, the people who sustained injuries and vehicle damage may assume that they are on the hook for the accident costs. However, there are options available to car accident victims that they may be unaware of.
What Are the Laws Regarding Dog Attacks in Illinois?
Dogs can be loving, loyal companions. However, dogs are also animals with sharp teeth and claws that are capable of causing severe injuries. If you or a loved one were bitten or otherwise injured by a dog, you may have questions about your legal rights. You may wonder, “Is the dog’s owner liable for my injuries?” or “Who will pay my medical bills?”. The laws regarding liability for dog attacks vary from state to state. In Illinois, there are many cases in which a dog owner is liable for damages caused in a dog attack.
Illinois is a Strict Liability State
State laws regarding injuries from dog attacks typically fall into two categories: laws based on strict liability and laws based on negligence. Some states do not hold a dog owner responsible for injuries caused in an attack if the owner did not know that the dog was dangerous. Dog owners in these so called “one-free-bite” states may avoid liability for injuries caused by their dog if their dog has never bitten someone before. However, Illinois is a strict liability state with regard to dog bites. An owner may be liable for injuries caused in a dog attack even if the dog has never bitten anyone or showed previous signs of aggression.
Filing a Wrongful Death Claim After Losing a Loved One in an Accident
Roughly 90 individuals tragically lose their lives in auto accidents every day in the U.S. If you have recently lost a loved one in a car accident, you may be interested in learning about your legal options. If your loved one’s death was caused by someone driving under the influence of alcohol (DUI) or violating other Illinois laws, the at-fault driver may face criminal charges. You also have the option of bringing a civil claim against the at-fault driver. Before proceeding with your case, it is important to have a good understanding of what is considered a wrongful death and what the legal claim process involves.
Understanding The Term “Wrongful Death”
According to Illinois law, a wrongful death is one that is caused by the wrongful, malicious, negligent, or reckless actions of another party. Wrongful death claims often accompany criminal charges for DUI or reckless driving, but criminal charges are not a prerequisite for a wrongful death claim. Many wrongful death claims involve:
Can I Sue for Injuries Caused by Falling Truck Cargo in Illinois?
While most trucks are loaded properly and driven responsibly, sometimes, truck cargo is improperly secured. Loose or falling truck cargo creates a deadly hazard for other motorists, with the possibility that the debris may strike another vehicle and cause catastrophic damage. Motorists may also get into an accident while swerving out of the way of the fallen truck freight. Cargo that is loose can shift within a trailer causing a truck to become dangerously off-balance and out of the truck driver’s control. If you or a loved one were harmed in a truck accident caused by shifting or loose cargo, you may be entitled to compensation.
Determining Who is Liable For Your Truck Accident
Liability for your accident may fall on several different parties. It is also possible that more than one party’s actions contributed to the severity of the accident. The party legally responsible for your injuries may be:
What Factors Affect the Amount of Damages Received After a Car Crash?
In Illinois, any person found “at fault” in an incident involving bodily injury or physical damage to property will be held liable to pay the other party. This is common when determining liability for car accident damages and injuries. However, this does not always mean that a court will order one party to fully cover another’s losses. Instead, some limitations can greatly affect the amount of compensation the liable party will owe, so it is important to understand what those restrictions are. If you have any questions or concerns regarding a personal injury case, speak with an attorney knowledgeable in Illinois tort laws to protect your rights to compensation.
Illinois Code of Civil Procedure
The Illinois Code of Civil Procedure clarifies how Illinois’ tort liability laws are applied in a settlement. Although a theoretical definition of tort laws suggests that one party may be at fault while the other receives compensation from the responsible party’s insurance company, real-world cases tend to entail negligence from both parties involved in an accident. This does not instantly disqualify a plaintiff from receiving compensation after an accident. Instead, he or she just has to prove that the other party was more than 50 percent at fault.
How Do I File a Claim After a Bus Accident in Illinois?
Many people understand the general process they must go through if they get into a car accident, but what if they were in a bus accident? Filing an injury claim to receive compensation from the party at fault is somewhat more complicated in cases like these. However, with a capable attorney and a thorough understanding of how public transportation liability works in Illinois, you will be able to pursue the compensation that you deserve.
Different Types of Bus Accidents
Unlike car accidents, the insurance claim process differs depending on whether you are a passenger on a bus or if a bus hits your car. If you are a passenger, you must first determine whether the bus driver or another driver was primarily responsible for the accident.
If another driver was at fault, the process is nearly identical to an ordinary car accident. You and your attorney must prove that the other driver did not drive with a reasonable degree of care. Pointing to any facts implying that the other driver was speeding, distracted, or under the influence will quickly prove that that driver is at fault.
Routine Car Maintenance Can Help Prevent Car Accidents in Illinois
The standard advice for new drivers is to drive defensively to prevent collisions. Following this advice helps keep the driver and others safe on the road. Still, there is more to avoiding car accidents than focus and caution alone. Worn-out or faulty vehicle components cause many vehicle crashes. Drivers are responsible for routine inspections at a trusted repair shop when they notice any warning signs or alerts from their vehicles. If you or your loved one is hurt in a car accident, it is important to speak with a skilled personal injury attorney.
Car Maintenance Tips to Prevent Accidents
Since Illinois is not a no-fault state when it comes to car accidents, any damage or injury caused by a mechanical failure can get complicated. When trying to determine who is at fault, an attorney would have to conduct a full investigation into the person responsible for any recent repairs and the manufacturer to determine if either were to blame. This can be a lengthy process and can get expensive. For this reason, proper car maintenance is essential and can help motorists avoid this situation altogether.
Despite the Quarantine, Motor Vehicle Fatality Rates Rise in Illinois
Recent reports reveal some startling car accident fatality statistics in Illinois. It is worth understanding them to adjust your driving accordingly and drive defensively to avoid any accidents. Even with a skilled attorney and good car insurance, it is never worth risking minor to fatal injuries or permanent damage to your vehicle, and an extra nudge of awareness can go a long way in helping to prepare you for the next time you get behind the wheel. With all of that said, never hesitate to reach out to a respected car accident attorney in Illinois if you or a loved one ever suffer the unfortunate circumstance of being in a car accident.
First Quarter Illinois Car Accident Statistics
You do not typically see such drastic changes in automotive fatality rates from year to year, but 2020 is shaping up to be a year like none other. The National Safety Council recently released a surprising statistic, revealing an 11 percent increase in the number of people who have died from car accident fatalities in the first quarter of 2020. Even though most Americans began quarantining in March this year, a nationwide increase of 14 percent in car accident fatalities was reported.
How Do I Determine Who Is at Fault in an Illinois Car Accident?
It can be difficult to remain calm immediately after a car accident, but that time is crucial when trying to determine who is at fault. Without the proper information, you or a loved one could risk losing deserved compensation because you are unable to prove that the majority of the fault lay with the other driver. The statute of limitations on personal injury cases is two years in Illinois, making it critical for you to get in touch with a car accident attorney as soon as possible after your accident. While every accident is unique, it is important to heed the following guidelines when determining fault:
Common Forms of Car Accidents and Who Is At Fault
Illinois is an “at fault” state, which means that both drivers in a car accident can try to make an argument that the other driver was more at fault. The court may then use percentages to determine where fault resides, and the party who is most at fault may be required to pay damages to the other party. If you were involving in any of the following types of accidents, you and your attorney can use a variety of forms of evidence to demonstrate that the other driver was at fault:
When Is an Illinois Property Owner Liable for Your Injuries?
If you are injured in Illinois because of a hazard that was not immediately obvious, there is a good chance that you can recover compensation from the landowner who failed to fix the issue or warn you of any potential danger. However, merely suffering an injury is not enough to win a premises liability lawsuit. If you work with a seasoned personal injury lawyer, you will have a better chance of proving that the property owner was negligent — and a better chance of collecting your deserved compensation.
Premises Liability Act
Premises liability law in Illinois used to distinguish between invitees and licensees in determining what degree of care a property owner owes a visitor, but that is no longer the case. Licensees are anyone specifically invited to the property as guests, and invitees include everyone else: customers, audience members, etc. Illinois law dictates that property owners are equally responsible for both groups’ safety. According to the Premises Liability Act, property owners must reasonably care for the safety of their guests by keeping their property in good condition and communicating with guests about any dangerous conditions to be aware of. This law assumes that the visitors will not be able to immediately perceive any dangers on their own and is designed to help a victim if they could not reasonably avoid an injury caused by negligent care of the premises.
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