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Arlington Heights personal injury attorneysSerious injuries can occur in a wide variety of situations, and in many cases, victims will be able to understand the immediate physical effects of their injuries and the impact this will have on their lives. However, some types of injuries are not always immediately obvious. Traumatic brain injuries are sometimes considered “invisible injuries,” since they cannot be easily observed, and their effects may not make themselves fully known for weeks or months after the injury occurred. 

Long-Term Complications of Traumatic Brain Injuries

Brain injuries can occur in a wide variety of different situations, ranging from car accidents, to slip and falls, to workplace accidents in which a person is struck by a falling object. Medical malpractice can also lead to brain injuries, such as when a doctor misdiagnoses a condition such as a blood clot that leads to damage to a patient’s brain.

In the immediate aftermath of a brain injury, a victim may experience symptoms such as loss of consciousness, headaches, dizziness, problems with balance and coordination, sensory issues, memory loss, or difficulty concentrating. In cases involving minor concussions, these symptoms may clear up over time with no permanent effects. However, moderate or severe brain injuries can have a permanent impact on a person’s health and well-being, leading to effects such as:

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Arlington Heights personal injury attorneysAlthough it may seem like second nature to experienced drivers, driving a vehicle takes a great deal of attentiveness and concentration. When a driver is distracted by his or her cellphone, GPS system, stereo, or even other vehicle occupants, the driver can make critical errors. Distracted driving is estimated to cause over 1,000 car accident injuries and approximately nine deaths every day in the U.S. In fact, some experts say that distracted driving has become an even greater danger than drunk driving.  If you or a loved one were involved in a car accident caused by a distracted driver, you may be entitled to compensation.

Proving a Distracted Driver’s Negligence

Through a personal injury claim, you may be entitled to compensation for the costs incurred by your accident. You may receive compensation for your medical bills, vehicle damage, future and ongoing medical expenses, lost wages from missed work, and reduced earning capacity. If your loved one was killed in a distracted driving accident, you could be compensated for the loss of his or her financial support and household services, funeral and burial expenses, and more. However, to win a personal injury claim and recover compensation, you will need to prove that the driver’s negligence led to your injuries or your loved one’s death. An experienced personal injury lawyer can help you gather evidence that demonstrates the driver’s negligence. Police reports, photo and video evidence, data from the vehicles’ event data recorders, accident reconstruction, and eyewitness testimony may all be used to prove the driver’s fault.

Texting and Driving is Against the Law in Illinois

When a driver looks down at his or her cellphone or other electronic device, he or she cannot possibly pay attention to the road simultaneously. Texting and driving or using other smartphone applications while driving has led to countless car accidents in Illinois and across the U.S. Because of the danger it poses, Illinois has established laws prohibiting the use of hand-held phones and other electronic devices while driving. If your accident was caused by a someone texting and driving, it is possible that the driver will be considered “negligent per se.” This is a legal doctrine that makes an action automatically considered to be negligent because it is in violation of the law.

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Schaumburg personal injury attorney car accident

In 2018, alcohol was a factor in 27 percent of all fatal car accidents in Illinois, resulting in hundreds of deaths, and many more people were injured in non-fatal crashes involving alcohol. Drunk drivers in Illinois often face serious criminal charges to deter them from continuing to endanger others on the road, but this does not necessarily mean that they are required to make amends to the people whom they have harmed. If you or a family member has been injured in an accident caused by a drunk driver, your best chance at compensation is to work with a reputable attorney to file a personal injury or wrongful death lawsuit.

Demonstrating Negligence in an Illinois Drunk Driving Accident

In most personal injury cases, obtaining compensation through a settlement or verdict is dependent on your ability to show that another party was negligent. This means that their behavior failed to account for their duty of care to you, and subsequently caused an accident resulting in your injuries and other damages.

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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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