Posted on May 10, 2017 in Bicycle Accidents

When it comes to bicycles and motor vehicles on streets, Illinois calls itself a “Share the Road” state. Bicyclists have the same right to be on the road as drivers and must be treated with respect. A driver who injuries a bicyclist in an accident can be charged with a class 3 felony. A driver involved in an accident with a bicyclist may be at fault if the driver:

• Does not give the bicyclist at least three feet of space when passing;
• Recklessly drives towards a bicyclist;
• Attempts to intimidate a bicyclist; or
• Violates a driving law.

Shared Responsibility

A bicyclist can suffer catastrophic injuries if struck by a car and may be able to receive financial compensation if the driver is liable. However, the bicyclist’s personal injury case can be weakened if he or she was acting recklessly. Bicyclists must follow the same laws as drivers, but some break common road rules because bicycles are more maneuverable than cars and can squeeze through tighter spaces. A responsible driver may not be able to avoid an accident if the bicyclist is acting unpredictably. There are laws and safety guidelines you must follow to protect yourself when riding your bicycle alongside motor vehicles:

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 Posted on April 26, 2017 in Car Accidents

If you are injured in a car accident, you can seek compensation from another driver if he or she is at fault. What if the driver at fault is not a person but a computer? Accidents involving self-driving cars may be a problem of the future, but that future is near. Companies are already testing driverless vehicles in some states, and the Illinois legislature is considering a bill that would allow such vehicles here. Researchers are considering the legal ramifications of when accidents involving self-driving cars become more common.

Perfect Drivers?

A national study claims that 90 percent of all vehicle accidents are caused by human error. Scientists are developing self-driving cars because computers will not commit those errors. A computer cannot drive drunk or experience road rage. Developers can program the car to not drive at unsafe speeds. However, computer-controlled vehicles are not flawless drivers:

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 Posted on April 12, 2017 in Pedestrian Accidents

Drivers are required by law to yield to pedestrians at crosswalks and may face criminal charges and civil liabilities if they hit a pedestrian. For pedestrians, the consequences of being struck by a vehicle are more serious than who was in the wrong. Knowing you are not at fault may be little consolation to you if you are injured in the incident. Pedestrians share an equal responsibility with drivers in preventing accidents from happening.

The Rules

There are laws detailing whether a pedestrian or a vehicle has the right-of-way. In some cases, the pedestrian must yield to a driver, though the driver must attempt to alert or avoid any pedestrian violating the law. Illinois law states that:

• Pedestrians have the right-of-way within the area marked as a crosswalk, regardless of whether a traffic control device is present.

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 Posted on March 24, 2017 in Car Accidents

Did you know that 24 hours of sustained wakefulness has the same impairment on your driving skills as having a 0.10 percent blood alcohol content? While there are not the same laws in place for drowsy driving as there are for Driving Under the Influence of Alcohol, both are risky actions that can cause accidents with serious injuries.

Statistics

Studies show drowsy driving accidents most frequently:

• Occur between midnight and 6 a.m. or in mid-afternoon.
• Involve a male driving alone who drifts out of his lane or off the road.

Teens and young adults are particularly susceptible to drowsy driving because of inconsistent sleep schedules. However, adults that work long hours or multiple jobs are also vulnerable.

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 Posted on March 10, 2017 in Car Accidents

Bad news for drivers: car accident fatality rates in Illinois rose to their highest levels in years in 2016. Last year, there were a reported 1,055 deaths on Illinois roads. This is the first time since 2008 that the number of fatalities has risen over 1,000.

In 2008, there were 1,043 roadway fatalities. In 2009, there were 911 fatalities reported. This was the first time this figure was under 1,000 since 1921. In recent years, the death toll has crept up. In 2014, 924 fatalities were reported, and in 2015, that number jumped to 998.

Nationwide, fatalities have been increasing in recent years. In 2015, there were 38,300 deaths, which was an 8 percent increase from 2014. This increase was the largest annual increase in 50 years.

Why Are Roadway Deaths Up?

The Illinois Department of Transportation believes there are several causes for this increase.

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 Posted on February 24, 2017 in Truck Accidents

When you get into a truck accident, your first instinct may be to accuse the driver as the party at fault. This is a logical thought, and often the driver is all or partially at fault.

Drivers may have been driving fatigued or otherwise not adhering to state and federal trucking regulations. However, drivers are not the only party that can be at fault. For example, if the truck accident was caused by defective brakes the company who manufactured the brakes or the business that inspected the brakes during a maintenance check may also be responsible.

There are many types of entities that may be responsible for your truck accident including:

1. Truck carrier company. The company could have negligently hired the driver or failed to supervise him or her. The company could have promoted breaking with state and federal regulations.

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 Posted on February 10, 2017 in Car Accidents

People who have been injured in car accidents usually want to know how much an insurance company will pay them or how big of an award a jury is likely to give. This is a natural question and one that a skilled auto accident attorney can give after the facts of your case a reviewed.

When people are thinking about damages, many wonder if punitive damages can be awarded. Accident victims are typically aware that punitive damages are often large sums that can greatly increase the amount of a damage award or settlement.

What Are Punitive Damages?

Punitive damages are rare, although they are appropriate in some circumstances. In a typical trial, an accident victim asks for compensatory damages. As the name suggests, compensatory means that the damages are awarded to compensate the victims.

Compensatory damages are made up of two categories: general and economic. Economic damages can be proven with hard numbers. For example, medical bills and lost wages are economic damages because the amount of those damages can be ascertained by looking at paperwork.

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 Posted on January 25, 2017 in Car Accidents

Last year Illinois decriminalized possession of marijuana in small amounts. Instead of facing jail time, people found carrying less than 10 grams of marijuana will be fined a maximum of $200. This new law could result in more accidents caused by drivers under the influence of marijuana.

Other States Have Seen a Spike in Accidents Involving Marijuana

States around the nation have decriminalized or legalized marijuana over the last few years. One such state is Washington, where marijuana was legalized. According to the American Automobile Association, the percentage of drivers in crashes with fatalities who were found to have traces of marijuana in their blood has increased 100 percent since marijuana was legalized in the state.

If Illinois is anything like Washington, drivers on the road will be at increased risk of getting in a car accident with someone under the influence of marijuana.

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 Posted on January 11, 2017 in Motorcycle Accidents

People may presume that if a motorcyclist is in a car accident, then he or she is responsible for his or her injuries, even if fault lies with another driver. Additionally, they may reason that the motorcyclist assumed the increased risk that comes with riding a motorcycle and that the motorcyclist should be responsible for his or her injuries.

This is not true. If you have been injured in an accident that was not your fault while on a motorcycle, you will likely be entitled to damages for your injuries. Motorcyclists have the same rights as motorists and passengers on the road.

Helmet Law in Illinois

Illinois is one of three states that does not require a helmet for motorcyclists. The other two states are Iowa and New Hampshire. Illinois does require that motorcyclists wear eye protection or that the bike has a windscreen.

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