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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.
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.
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.
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.
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.
Steps to Take After a Slip and Fall
A slip and fall can happen anywhere. Whether on private property or in a business, a slip and fall caused by negligence can result in compensation for the injured party to cover medical expenses, suffering, or lost wages. Falls can result in a variety of injuries, and like a car accident, some injuries may not be obvious.
Negligence Explained: When it comes to a slip and fall, if the accident could have been prevented, a property or business owner may be negligent. They may not be aiming for someone to be injured, but it was their lack of action that makes them responsible. This may include wet floors or poor lighting. Even if a property owner was knowledgeable about the danger, they have a minimal obligation to post a warning or barrier. Negligence is a key factor in winning a slip and fall case.
After experiencing a slip and fall on someone else’s property, you may not know where to turn. It is important to act quickly for the statute of limitations in Illinois for slip and falls is only two years. Follow these guidelines for after experiencing a fall because of another’s negligence.
Spinal Cord Injuries and Car Accidents
Although injuries to the spinal cord can be caused by violence, disease, and falls, auto accidents account for half of all new spinal cord injuries. An injury to the spinal cord can have lasting effects, including permanent paralyzation. Advances in technology have allowed people with nervous system damage to live comfortable and productive lives, but there is still no cure for spinal cord injuries. If a person is injured severely due to the negligence of another driver, they deserve compensation for their pain and suffering.
Damage to any part of the spinal cord, or nerve ends of the spinal canal, will impact functionality or sensation based on the location and severity of the injury. Depending on the injury caused by the car, truck, or motorcycle accident, a victim of spinal cord damage may experience the following:
- Loss or lack of feeling,
What Compensation Can Be Gained After a Truck Accident
Any accident on the road can be traumatizing, but getting in an accident with a semi-truck can produce especially fatal or life-changing results. Commercial trucks weigh significantly more than other passenger vehicles, so any impact with a truck can destroy your car and produce serious injuries. The majority of deaths in truck collisions are people in passenger cars according to the U.S. Department of Transportation. In 2017, over 4,000 people in the United States were victim to truck accidents compared to 683 deaths of truck occupants in the same year.
How Do Truck Accidents Happen?
Although there are precautions made by truck drivers and suppliers, fatal accidents involving large commercial trucks still occur. When a driver is responsible for negligence, it is most commonly due to overworking. There are laws in place to prevent truck drivers from overworking. A fatigued driver is less aware of what is on the road and will have a delayed reaction time, that otherwise could have saved lives. A truck accident can also occur because of poorly maintained equipment. It is the truck company’s responsibility to keep unsafe trucks and trucking equipment off the road. Additionally, a truck driver should also be aware of how a truck is performing and report any overlooked or occurred damage. Poor weather conditions also contribute to the reasons truck accidents happen. With the size and weight of semi-trucks, they take longer to stop. If a truck driver is going too fast for the weather and needs to stop suddenly, no amount of reaction time will prevent the truck from sliding into traffic.
Dog Bites: Unfamiliar Dogs and Children in the Spring
As the Midwest begins to warm up in the spring, people in the Chicagoland area take advantage of every nice day they can. Comfortable temperatures mean it is the perfect time for dog owners to take their beloved pets on a walk and parents to take their kids to play outside. With more animals outside in warmer weather, the likelihood of a dog bite increases.
Why Do Dogs Bite?
Dogs are a popular pet, and over 36% of American households own at least one. They are considered “man’s best friend” but it is important to remember that no matter how friendly a dog is, they are still an animal that acts independently. Even a well-trained dog may bite when threatened. In most cases, a dog bites in reaction to something. They might be startled, or defending territory like food. If a dog is scared or approached by an unfamiliar stressor, a bite may be a form of self-defense. A sick dog may bite if they would prefer to be left alone.
Recreational Marijuana Comes to Illinois
By: Kal Issa
Governor Pritzker, who has long touted marijuana reform as one of his concerns when running for the gubernatorial seat, will finally have the opportunity to enact a law long desired by a large number of Illinois citizens. The Illinois General Assembly has passed House Bill 1438 and it now awaits Governor Pritzker’s signature.
House Bill, known as The Cannabis Regulation and Tax Act set out a guideline of how marijuana sales and marijuana possession will be regulated. It also completely decriminalizes the possession of certain amounts of Cannabis. Prior to the effective date of the new law, which is January 1, 2020, possession of less than 10 grams of Cannabis is a civil offense punishable by fine only, more than 10 grams but less than 30 grams is a Class B Misdemeanor and more than 30 grams could be charged as Class A Misdemeanor or a Felony depending on the amount actually possessed.
The new Cannabis law allows an Illinois resident 21 years of age or older to lawfully possess up to 30 grams of the Cannabis flower, up to 500 milligrams of THC contained in Cannabis related products and up to 5 grams of Cannabis concentrate. If you are not an Illinois resident, the law will still allow possession of Cannabis or THC, but at half of the above amounts.
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9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
