Recent Blog Posts
Can I Sue the Bar After a Drunk Driving Accident?
It is public knowledge that drunk driving is a deadly act that causes severe injuries and fatalities. According to data from the National Highway Traffic Safety Administration, nearly half of car deaths in Illinois involve alcohol. But in addition to being dangerous, drunk driving is also an irresponsible act. Drivers who get behind the wheel while impaired by alcohol are aware of the risks of driving under the influence.
Under Illinois law, the same may be said of whoever gave the driver the alcohol. A bar that serves alcohol is presumed to be aware of the risks that can arise from doing so, like drunk driving. Therefore, Illinois has "dram shop" laws that sometimes hold a bar liable for damages caused by a drunk driver. This article will discuss dram shop laws and when they apply. Contact an Illinois drunk driving accident attorney right away if you or someone you know has been injured by a drunk driver.
What Are the Most Common Mistakes People Make After a Car Accident?
Car accidents are traumatic. Even if you are lucky enough to walk away from a car wreck with minimal physical injuries, you may still suffer psychological shock. That is why some car crash victims experience confusion after the accident and are unsure of which actions to take. Making mistakes in the crucial moments immediately following a car accident, however, can affect the strength of your claim for damages.
This article will discuss some of the most common mistakes people make after a car accident. Keep in mind that the best way to avoid mistakes after a car collision is to seek the guidance of an Illinois car accident attorney.
Failing to Call the Police
In Illinois, you are required to call the police after a car accident if:
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The crash caused bodily injury.
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The crash caused a death.
3 Ways Social Media Can Affect Your Personal Injury Claim
Social media comes with risks. One of those risks is that your content can be used against you. What you say on Facebook, TikTok, or X, for example, is public and can be seen by anyone. You have limited control over who sees your content and what they do with it. People are so used to using social media, however, that they often forget about the risks.
Under the law, your posts on social media are considered statements and are admissible in court. This means you should be extra careful what you post on social media because it can affect legal proceedings. Divorce trials, criminal cases, and personal injury claims can all be affected by social media content. To find out how your content might impact your claim, show your social media accounts to an Illinois personal injury attorney.
Here are three ways social media can affect your personal injury claim.
Can I Be Compensated If I Did Not Wear a Seatbelt in a Car Accident?
If you want to be compensated for injuries you received in a car crash, you will need to follow a certain process. One of your first steps in that process is to file a claim with the at-fault driver’s insurance company, which you should do with the help of an Illinois car accident lawyer. The insurer will investigate the crash and seek to answer the main question: who is at fault?
The person who is at fault — or negligent — in the car accident is usually the one who is liable to pay for damages. In Illinois, however, more than one person can be at fault for a personal injury, including the victim. A victim can be at fault in certain cases, like if he or she fails to wear a seatbelt. This is because Illinois follows a modified comparative negligence law.
Are Fault and Liability the Same Thing in Illinois?
Some people who sustain injuries in an accident also suffer damages as a result of those injuries. These damages can be economic, like medical bills, or they can be non-economic, like emotional distress. If a personal injury victim wants to be compensated for those damages, he or she must find out who is liable.
Personal injury victims usually look for who is at fault for their injuries. However, as your Illinois personal injury lawyer will tell you, fault is not the same thing as liability. Liability refers to legal responsibility. If you want to claim damages from a person, company, or government, you need to prove that he, she, or it is liable for your injury.
Fault and Liability Are Not Always the Same Thing
It is important not to confuse fault and liability in personal injury law. They are two separate legal concepts. If a person is at fault for your injury, it means that he or she caused it. If a person is liable for your injury, it means he or she is legally responsible for the damages, regardless of who caused it.
Can I Use Dash Cam Footage to Prove a Driver’s Negligence?
If you were injured in a car accident and you want to be compensated for damages, you will likely need to show that the other driver was at fault. Depending on the accident, this can be hard to prove.
Since there are not always witnesses available, some drivers rely on dash cams. A dash cam is a camera installed on the car’s dashboard that can record footage happening inside or outside the vehicle, (depending on the device). Some cars are made with dash cams built in, while other vehicles require one to be installed.
Illinois law requires all installed dash cams to be:
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Smaller than five inches
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Placed on the bottom corner of the dashboard on the driver’s side
You may be able to use footage from a dash cam in the event of a car accident, but you should ask your Illinois car accident attorney first. There are recording laws in Illinois that might make that complicated.
How Can I Prove Emotional Distress After My Injury in Illinois?
When someone is injured because of someone else’s negligence, they can sometimes sue for damages related to the personal injury. Some of these damages are economic, such as medical expenses or lost wages. Other damages are not economic, meaning they are not about compensating the victim for a financial loss. Such damages include pain, suffering, and emotional distress. An injured party can be awarded compensation for non-economic damages.
The difficulty, however, comes with proving non-economic damages like emotional distress, which is why a personal injury claim for damages is best handled by an Illinois personal injury attorney.
This article will discuss what emotional distress is and how to prove it.
What Is Emotional Distress?
In the context of personal injury, emotional distress is mental suffering over an event that occurred as a result of someone’s behavior. It can develop after a traumatic injury or other event. Signs of emotional distress include:
Are Children as Distracting as Electronic Devices?
As millions of Americans get behind the wheel of their vehicles each day to run errands and travel to work and school, distracted driving becomes a greater factor in car accidents. While mobile devices remain the primary cause of distracted driving accidents, transporting children can also bring major distractions.
Most adults have learned to ignore text messages and emails while driving, but ignoring a fussy or distressed child can be challenging. Parents routinely turn around to pick up a dropped bottle or toy, comfort a baby, or referee an argument between children. Following a distracted driving accident, an experienced Illinois lawyer will protect your rights and your future.
What Are the Three Types of Driving Distractions?
There are three types of driving distractions: cognitive, visual, and manual. Visual distractions occur when you take your eyes off the road to fiddle with the car controls, set your GPS, read a text - or turn around to pick up a dropped sippy cup.
3 Reasons to Call Your Attorney Before Your Insurance Company
Car accidents cause a range of injuries, from mild to severe. They also cause damage to vehicles. In many of these cases, the first thing victims do after a car accident is call their insurance company. Insurers often instruct their clients to call the company immediately after being in an accident.
It is important to remember, however, that although you have been making payments to an insurance company, it is not on your side. In fact, you and the insurer have two opposite objectives: yours is to get the largest payout possible, and the insurer’s is to give you the smallest, if at all.
There are reasons the insurance company wants to be your first call after an accident instead of an attorney. Here are three reasons to contact a car accident attorney before your insurance company.
Larger Settlement
Someone who is represented by an attorney is more likely to get a larger settlement offer from the insurance company than someone who is not. Studies have found that:
What Factors Determine if I Get Compensated for Injuries?
There are an almost limitless number of ways to get injured. Some people get injured simply by walking down the street and tripping on a poorly maintained sidewalk. Children suffer injuries from climbing on broken jungle gyms. Employees get hurt on the job. Drivers get severely injured from accidents triggered by any number of causes.
In all of these personal injury cases, the question remains the same: can the victim sue for damages? This question is best answered by a qualified Illinois personal injury lawyer because there are several factors involved. This article will discuss some of the factors that determine whether an injury victim can be compensated and how much he or she can receive.
How Bad Is the Injury?
The first factor that will determine your compensation is the extent of your injury. Some injuries are more severe than others. Catastrophic injuries, for example, damage the victim’s quality of life and can permanently affect the ability to work. Someone who suffers a catastrophic injury usually has:
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.