Follow Us |Facebook
Call or Text for a Consultation
Recent Blog Posts
Electronic Warrants and DUI
By: Kal Issa
In Illinois, under most circumstances, police are required to either obtain a warrant or a driver’s consent in order to obtain a blood sample in order to test for the presence and/or amount of alcohol or other illicit substances in the driver’ system.[1] When a motorist refuses to consent to such a blood draw and testing, police are required to obtain a search warrant, which generally may take some time depending on the day of the week, location of the investigation and time of day as they are required to appear before a judge and lay out the facts that leads them to believe a warrant should be obtained.
However, many counties have taken advantage of an Illinois law that allows law enforcement to request and obtain a search warrant through electronic means, thereby making the process more efficient. In lieu of personally appearing before a judge, an officer can make an electronic request for a search warrant from a judge through video and audio transmission.[2] This would allow the investigating officer to immediately obtain a blood sample from the suspected impaired driver for testing and analysis.
Rise in Accidents Involving Stopped Emergency Vehicles
By: Kal Issa
Recently, there has been a spike in vehicle accidents involving stopped emergency vehicles, mainly Illinois State Police vehicles.[1] Unfortunately, some of these accidents have led to the death or serious injury to members of law enforcement. In Illinois, it has been nearly 20 years since lawmakers enacted a criminal statute to address this issue.
Scott’s Law, otherwise known as the “Move Over” law, requires motorists to change lanes away from the shoulder when there is an emergency vehicle parked on the shoulder with its emergency red, white, blue or yellow lights flashing.[2] If it not safe for the motorist to make this lane change, the motorist must proceed with due caution and reduce its speed. Scott’s Law was named after Scott Gillen, a Chicago firefighter who was struck and killed by a motorist while on the scene of a crash rendering emergency services.
With this recent rise in fatal accidents, it is fair to presume that prosecutors are ensuring that a motorist ticketed for violation of this law face tougher penalties. A violation of Scott’s Law is punishable by a fine of up to $10,000.00. Even if a violation of this law leads only to property damage to another, the motorist’s license will be suspended for a minimum of three months, up to one year.
How to File for Wrongful Death in Illinois
Anytime is hard to lose a loved one, but when a family member dies unexpectedly due to the negligence of an individual or a company, it is the surviving next of kin that suffers due to the unexpected expenses and grief. A wrongful death case must follow circumstances in order for the family to receive compensation, but needing to file a wrongful death is not something you plan for, so it is understandable not to know what is next.
The strength of a wrongful death case relies on the fact that the deceased would still be alive if it was not for the negligence or intentional act to cause harm, by another party. The family also needs to be directly affected by the death of the person - either with significant financial and/or emotional strain. These two things need to be proved by a family in order to receive compensation for a wrongful death.
A wrongful death can occur many ways. A few examples are car accidents, medical malpractice, work-related incidents, or violent crimes.
Differences Between Motorcycle and Car Accidents
Motorcycles are a unique form of transportation. They offer benefits like fun, are compact, and cheaper to fuel, but unfortunately, they also have a higher risk of fatal injury to the driver. Because the risk is higher while driving a motorcycle, you will see drivers with protective gear such as helmets. Compared to a car there is a lot less in the way between the driver and the road. This is why accidents involving a motorcycle should be handled differently than a collision between two cars.
Although motorcycle accidents took up 1% of accidents in Illinois in 2015, motorcycle drivers made up 14% of all fatalities overall. The percentage of motorcycle drivers injured did decrease, but the percentage of deaths increased from the year prior. According to the Illinois Department of Transportation, the majority of motorcyclists that were involved in an accident were driving straight ahead when the incident occurred. Here we will dive deeper into why motorcycle accidents are different than car accidents.
Car Accidents with Rideshare Services
Services like Uber and Lyft have changed the way we get around. Instead of needing to hire a taxi company with hidden fees, you get a price upfront depending on your city, location, and where you are trying to go. It is a great resource whether you have a car or not, for example, if you drive to a bar and drink too much, a rideshare service can get you home safely. However, once back in your own car, what happens if you get into a car accident with a rideshare driver?
Unlike a person driving his or her car for leisure, a rideshare driver is guaranteed to have car insurance - it is a requirement. When with a passenger in the car, or on the way to pick up a passenger, there is additional coverage provided by the rideshare company. Uber, for example, provides a $1,000,000 minimum for liability coverage, and the same amount to protect their driver, and any passengers, if the people in the rideshare are not at fault and the other party has poor or no insurance. Rideshare drivers not interacting with the app are covered by their own insurance only.
The University of Chicago and Rice University researchers have found that fatal injuries spiked after Uber or Lyft was launched in a city. Rideshare companies offer incentives for their drivers to complete more trips, and this can cause dangerous competitiveness because there is no limit of how long a driver can complete trips for. A driver may become overtired trying to earn a badge or reach a goal, instead of calling it a night.
It may not be obvious at first if you have been in an accident with an Uber or Lyft driver, especially if they are in the middle of a trip, but you will want to react similarly to a car accident with anyone. First, call the police if you are able. Having a police report will be important when filing an insurance claim. After calling, gather as much information as you can. Get the insurance and contact information of everyone in the other car, including passengers. If there were any witnesses to the accident, get their contact information as well. Take pictures of the accident and any bodily harm to yourself.
Contact an Orland Park Car Accident Attorney
Getting in a car accident with a rideshare driver can complicate your ability to get the compensation you deserve after an accident. These cases can uncharted territory due to the new technology. Contact an experienced Orland Park car accident attorney today to handle your accident with an Uber or Lyft Driver. Set up a free consultation by calling our office at 708-966-2408.
Birth Defects Caused By Medical Malpractice
The majority of children are born healthy, but three to four percent of babies will be born with a birth defect. A birth defect is a physiological or physical health concern that is apparent when a child is born. A genetic defect is more likely if it runs in the family, but birth defects can also be caused by the negligence or mistake of a doctor, nurse, or hospital.
There are over 4,000 known birth defects, and although it is not a doctor’s fault for a genetic birth defect, there are tests that can identify some defects early such as, Down syndrome, Edwards syndrome, cystic fibrosis, or muscular dystrophy. How to move forward with a pregnancy can be determined by this genetic testing. Not providing these tests, or providing misinformation, can be considered negligent, and put a mother and baby at risk.
Even during a healthy pregnancy, a birth defect is still possible for a child to develop during delivery. These disorders can be caused during birth and may be caused by the negligence of a doctor or hospital.
Who Is at Fault in a Pedestrian Accident?
When getting in an auto accident, it is easy to blame the other person for what happened. The blame may feel more justified with another car or vehicle, but when a pedestrian is hit, the driver can feel villainized. However, just because a person was on foot instead of driving a car, does not mean that they can not be found responsible for an accident.
Pedestrian Accident Statistics
Cook County alone had 155,935 motor vehicle crashes in 2015. According to the Illinois Department Of Transportation, 146 out of 5,050 car accidents in the same year involving a pedestrian in Illinois, were fatal. The majority of the remainder resulted in injury.
Auto accidents are not often straightforward, but here are two examples of when a pedestrian would, or would not, be at fault for an accident.
- A person jaywalking, or otherwise crossing the street at an unsafe time, may be held responsible for an accident. Any driver going at a reasonable speed within the area would not be held accountable for a person stepping in front of their car, and not being able to stop in time; or
Getting in an Accident with an Uninsured Driver
For things not required by law, we purchase insurance as a safety precaution. That being said, liability car insurance is mandatory in 49 out of 50 states. Getting into a car accident with someone who is uninsured may be concerning, but it does not mean that you will not be paid.
What Is Liability Car Insurance?
When someone is found at fault for a car accident, it is the at-fault driver's automobile insurance company that pays the affected party. Each state has their own minimum rates of protection that drivers must reach. In Illinois, are minimums are as followed:
- Death or injury of one person - $25,000,
- Death or injury of multiple people - $50,000,
- Property damage - $20,000.
This insurance helps cover the medical expenses and lost wages of people injured in an accident, as well as your legal fees if you are sued.
Despite it being illegal to be on the road in Illinois without car insurance, the Insurance Research Council reports that 1 in every 8 drivers operates a vehicle without it. Car insurance is expensive, and it may feel like your best interest to avoid it. However, a person found without insurance will be subject to fees, have their license suspended, have their vehicle impounded, and be responsible financially for any accidents by their fault.
Requirements for a Wrongful Death Claim
After a loved one passed away, it is the family who celebrates their life. After a wrongful death, it is the same parties that fight for justice. Although a lawsuit will not bring back your loved one, suing the company or people responsible for their death can bring closure and hold them responsible.
What Is A Wrongful Death?
Similar to that of a personal injury lawsuit, a wrongful death lawsuit is classified by the negligence of others. What is different is that the family members sue for their suffering and financial burden of losing a loved one unexpectedly. Only heirs and beneficiaries can sue for wrongful death. Most common causes of wrongful death are,
- Car accidents,
- Workplace accidents,
- Medical malpractice,
- Criminal activity, and
- Product liability.
There are four requirements for a wrongful death claim:
Preventing Pedestrian Accidents
A pedestrian is considered a person who is not utilizing a motor vehicle. People go to the streets on foot to get to a destination or even to get exercise in the form of a walk or run. Despite safety precautions from motorists, over 5,000 pedestrians were killed during an auto accident in 2015 according to the Centers for Disease Control and Protection. Even more pedestrians were injured, so in the case of an auto accident with a pedestrian, who is responsible?
It is important for drivers and pedestrians to be mindful of each other. Here are steps each party can take to lower their chances of getting into a potentially fatal accident.
Vehicles
- Obey the speed limit - 30mph speed limits are not there to annoy, but to keep everyone safe. The road may be unsafe to drive at higher speeds, or the low-speed limit may be there because the area is residential or there is a school. A slower speed gives you a higher reaction time if a child suddenly crosses the road.
Location
9631 W. 153rd St., Suite 32,
Orland Park, IL 60462
Phone
708-966-2408
Social Media
Contact Us Today
Call our office at 708-966-2408 or fill out our online contact form to get legal help with criminal defense or personal injury matters.
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
