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Reducing Cell Phone Distracted Driving
Although young drivers are the most attached to their phones, adults drive distracted as well. You are 400% more likely to get into a car accident while using a cell phone, than regular motor use. Although Bluetooth, or hands-free, devices are legal to use on the road for drivers over the age of 19 in Illinois, it is still more dangerous than talking to a passenger in the car.
What If I Need to Use My Phone?
Life continues while you are in the car. If you do need to make a phone call or respond to a text message, Illinois State Police recommend safely pulling over to the shoulder of the road. Although hands-free driving is legal, this does not include talking on speakerphone. The only times a nonhands-free device can be used are:
- Parked on the road shoulder;
- To report an emergency; and
- When the car is in neutral or park during regular traffic.
Pedestrian Safety Tips
In 2007, the National Highway and Traffic Safety Administration reported that over 4,500 pedestrians were killed as result of an auto accident. It is the responsibility of drivers and pedestrians to keep each other safe on the road. Drivers should always be operating in a defensive mode. However, a pedestrian suddenly crossing into the road to cross does not give a lot of time to react behind the wheel. A driver disobeying a traffic light also puts a pedestrian, crossing safely, at risk.
Traffic Lights Explained
At intersections, traffic lights help us stay organized and safe. For drivers, the light patterns are more straightforward: green: go, yellow: slow down, red: stop. Here are the pedestrian lights explained further:
- Walk: The symbol of a walking person means that pedestrians may cross the street that the signal is facing, and have the right of way.
Safety Tips for Motorcyclists
Operating a motorcycle is an exciting way to get around. However, according to the National Motorcycle Institute, driving a motorcycle is 27 times more dangerous than operating a car. Unlike a car or truck, as a driver, you are completely exposed to the environment around you. There are precautions like gear and helmets that can help keep motorists safe, but they only help if you wear them.
Does a Helmet Really Make a Difference?
Yes, wearing a helmet is 37 percent effective in preventing death and 67 percent effective in preventing brain injuries in a road accident. Protecting yourself is one thing, but being mindful on the road can prevent accidents and other people being injured. Addition to personal safety, here are some safety tips for operating a motorcycle. Be responsible: Bikers get a bad reputation of being mean-spirited misfits, but even the most grisly looking motorcycle rider can practice the rules of the road. As you would in a car, follow traffic lights and signs unless otherwise instructed by a member of law enforcement. Always use your turn signals and keep a reasonable distance between other vehicles. Remember that on a motorcycle you may be harder to see for some drivers. Wear bright clothing or reflectors to help others see you. Stay sober: The same rules for operating a car apply for driving a motorcycle when it comes to being under the influence of a substance. Motorcycle riders are almost three times more likely to be involved in an alcohol-related fatal accident than other vehicles on the road. Alcohol and other substances can alter your perception, making it a dangerous time to get on a motorcycle. Be educated: A motorcycle is a specialized machine, and like most machines, require knowledge to operate to one’s best ability. Taking a motorcycle rider course is not required by law in the state of Illinois, but if you are over the age of 18, it allows you to waive the written and driving portions of obtaining a motorcycle license. Another benefit of taking an Illinois Department of Transportation approved course is that you may be eligible for a discount on your motorcycle insurance.Contact an Orland Park, Illinois Personal Injury Attorney Today
Slip and Falls in the Winter
Winter conditions make functioning daily more dangerous. Slips and falls are one of the most common accidents and they can result in a variety of injuries from scrapes and bruises to breaks and fractures. What is important in a lawsuit following a slip and fall is negligence on behalf of the property owner. This can be a business, private property, or public government property that you fall on.
What Is Negligence
Negligence is when a person could have done something about a situation, failed to do so, and a person got injured because of that failure. A couple examples of negligence are:
- A driver going significantly over the speed limit and gets in a car accident;
- An accidental overdose of medicine administered by a health provider; and
- A business not mopping up a spill and someone falls.
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.
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:
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.
New Laws For 2017
Here are some new Illinois laws that went into effect on January 1, 2017…
Criminal Damage to Property Class Level
In 2017, the General Assembly raised the minimum threshold amount of property damage as it relates to class levels. Any damage to property below $500 is a Class A Misdemeanor, while damage above $500 is a Class 4 Felony. Previously, any criminal damage to property exceeding $300, in most circumstances, would constitute a Class A Misdemeanor, which is punishable by up to 364 days in county jail and anything over $300 would have become a Class 4 Felony, punishable with prison time between 1-3 years and fine of up to $25,000.
Juvenile Law Changes
New laws impacting juveniles (17 years old or younger) went into effect on January 1, 2017. One law that went into effect involves the classification of certain offenses. Under certain circumstances, Criminal Trespass to a Residence, Criminal Damage to Property, Criminal Damage to Government Supported Property, Criminal Defacement of Property, Disorderly Conduct and Obstruction of Justice constitute a Class 4 Felony, which carries penalties of 1-3 years in the Illinois Department of Corrections and a fine of up to $25,000.00. However, if the above felony offenses are committed by an individual 17 years, the individual is now facing a Class A Misdemeanor.
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
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.
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9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
