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Arlington Heights personal injury attorney

One of the most crucial parts of any personal injury lawsuit is proving negligence. In a medical malpractice suit, for example, a patient may only collect damages if the healthcare professional in question was negligent in his or her treatment of the patient. Similarly, a property owner or business owner who invites guests onto his property displays negligence if the building or grounds have obvious dangers that cause a guest or patron to suffer an injury.
When negligence causes an innocent party to experience damages like lost wages at work, expensive medical bills, or ongoing medical expenses, it is only fair that the person who is liable for the damages pays for them. Through a personal injury lawsuit, you may be able to collect compensation for damages, but the first step is proving negligence.

Negligence Can Include Actions and Failure to Act

For the purposes of personal injury law, negligence can be defined as the failure to exercise reasonable care and attention toward others in a way that causes them damages. “Reasonable” in this context means that it is what most other people would do in similar circumstances. For example, say a shop owner notices an exposed live wire and does not repair it, but instead continues to allow customers to go near the wire. A patron is then injured after accidentally touching the wire. The shop owner would probably be considered negligent because a reasonable person would not allow unsuspecting customers near such a hazard. In some circumstances, a crime, such as reckless driving, can also constitute negligence because a reasonably careful person would not drive recklessly.

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Schaumburg personal injury attorney truck accident

For many drivers, it can be dangerous to share the roads with semi-trailer trucks. Because commercial trucks are much larger and heavier than passenger vehicles, truck accidents are likely to lead to injuries for drivers, passengers, motorcyclists, pedestrians, or anyone else involved in a collision. Driver fatigue is one key factor that can lead to semi-truck crashes since truck drivers can become too tired to operate their vehicles safely after being behind the wheel for extended periods. Some recent changes to the regulations that govern the amount of time truck drivers can stay on the road have caused concern that driver fatigue will become more prevalent, leading to more commercial truck accidents.

New FMCSA Hours of Service Regulations

The Federal Motor Carrier Safety Administration (FMCSA), which governs the rules and regulations that apply to commercial motor vehicles, recently decided to update some of the rules regarding the allowed hours of service (HOS). The following changes are set to go into effect on September 29, 2020:

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Schaumburg personal injury attorney car accident

In Illinois, you have likely seen the phrase “Click It or Ticket” posted above major highways or on the side of busy roads, warning about the potential legal consequences for failure to wear a seat belt. Because of the devices’ proven safety benefits, the state of Illinois requires all drivers and passengers to wear seat belts at all times. This includes those riding in cars that are equipped with airbags. This law became effective in July 1985 to address the low number of drivers and passengers wearing seat belts while riding in cars. Since the installation of this legislation, seat belt usage has skyrocketed, increasing from 15.9 percent in 1985 to 93 percent usage rates in 2016. Despite the vast majority of drivers and passengers following Illinois’ seat belt requirements, there are some who continue to refuse to use the additional safety measures. Those who decide against wearing a seat belt and get involved in a car accident can face more severe injuries than those wearing seat belts, but surprisingly, Illinois does not recognize this decision as a form of negligence.

Can This Be Used as Evidence?

If you or a loved one is injured in a car accident, you are able to file a personal injury claim to recover financial compensation for your losses. These injuries can lead to steep medical bills, time off work, and ongoing conditions that affect your daily functioning. Personal injury claims are meant to make up, in part, for these damages from which you or your loved one is suffering. When filing a personal injury claim, an attorney will work with you to obtain details about the accident. He or she will analyze what happened and determine who was negligent, or at fault, for the accident. A number of factors can contribute to this determination of negligence, such as whether or not the drivers were texting or otherwise distracted, if either party was speeding, if both parties used proper turn signals, if either driver was fatigued, and more.

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Arlington Heights personal injury attorney bus accident

Whether you reside in a bustling urban environment or a suburban, rural neighborhood, public and mass transit offers an array of benefits for daily commuting purposes, including decreasing your chances of car accidents and injuries. This is especially the case for those interested in eco-friendly commute options and for those who desire to avoid the expenses that come with owning and driving their own vehicle. As a more cost-effective and environmentally conscious option, commuting by public transit is reportedly 10 times safer than driving in your own car, according to reports from the National Safety Council’s (NSC) official Safety + Health magazine. All of these factors combined make commuting by bus or train an advantageous option, no matter where you live. However, there are factors that any public transportation passenger should know regarding the safety of riding in these types of vehicles. 

Important Information for Public Transit Passengers 

Despite such positive research statistics, however, bus and public transportation accidents still happen from time to time, which means no one is completely immune to injury on the roadway. While you cannot eliminate every chance of accident or injury, here are some tips to consider any time you step foot on a bus or train:

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Schaumburg personal injury attorney auto accident

We all know the basic dos and don’ts of proper driving etiquette to avoid car accidents, even if a good amount of time has passed since we last took a driver’s education class. Common sense when it comes to rules of the road tell us not to drive while distracted or drowsy, not to drive aggressively, and not to drive while under the influence (DUI) of drugs or alcohol. While these standards might seem obvious, there are other common traffic mishaps that we often fall victim to on a regular basis. Such poor driving habits can place us at significant risk for collisions and injuries, which makes the need for practicing defensive driving techniques critical each time we get behind the wheel in Illinois.

Poor Driving Behaviors to Watch for on the Roadway

Every state, including Illinois, has certain traffic laws that must be followed to maintain your driving privileges. However, not everyone obeys these rules, which can include making the following infractions:

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