When a person files a lawsuit in the wake of a car accident, slip-and-fall, or other personal injury matter, they hope to recover enough in the way of damages to address the losses they have suffered. These losses generally include expenses related to physical injuries, as well as lost wages, property damage, and more. What many victims do not realize, however, is that their compensation may be reduced, as it is fairly common for an injured party to share in the liability for the accident. The legal doctrine under which a personal injury can be reduced for this reason is called “comparative negligence.”
One of the first questions in any personal injury matter is “Who was at fault for the accident?” Under the principles of common law, historically, if the injured party played any part in causing the accident, he or she was barred from seeking compensation from anyone else. The thought process was that a person has the duty to reasonably protect themselves from injury, so failing in that duty was seen as grounds to bar recovery.
Most of us can remember the joy of being a child playing on a playground during summer break. Playground equipment like slides, monkey bars, jungle gyms, and swings can be a source of endless fun for children. However, this type of equipment must be accurately constructed and carefully maintained in order to be safe for children to enjoy. When a park or playground is not adequately maintained, unsafe conditions can lead to a child being seriously injured or even killed. If you have a child who has suffered an injury or wrongful death in a playground accident, an Illinois personal injury attorney may be able to help.
Children playing on a playground at a daycare, school, city park, church, health club, or other facility are probably not worried about whether or not the equipment they are climbing on is safe—nor should they have to be. Facilities with playground equipment have a duty to ensure that their equipment is not flawed or faulty in such a way that it presents a hazard to those lawfully using it.
Throughout the United States, pedestrian fatalities have increased by an incredible 50%. According to statistics compiled by the Governors Highway Safety Association (GHSA), approximately 6,590 pedestrians were fatally injured in car accidents throughout 2019. The number of pedestrian fatalities in 2019 marked a 5% increase over 2018 numbers and a thirty-year high in the United States. In the state of Illinois, pedestrian fatalities rose by a staggering 19% throughout 2018. If you or a loved one have been struck by a motor vehicle, you deserve compensation.
Throughout the early portion of the 2000s, pedestrian fatalities were on a consistent decline, but over the past decade have risen to disturbing and unprecedented levels. According to safety officials throughout the United States, the rise can be largely attributed to increased driver negligence. According to the GHSA, intoxication often plays a role in collisions involving pedestrians. Driving while intoxicated is proven to impact a driver’s vision, decision making, and reaction time. Studies also indicate that an increase in cell phone usage has contributed significantly to the number of pedestrian fatalities. Despite the implementation of Bluetooth and other hands-free technology, drivers continue to text and drive. Taking your hands off the wheel and eyes off the road is a dangerous and negligent action.
In 1999, the medical community was rocked by a report prepared by the Institute of Medicine which classified the problem of medical errors as an epidemic. That report concluded that approximately 95,000 people died each year from preventable medical mistakes. The annual cost to medical facilities was determined to be between $17 billion and $29 billion.
Although the Institute of Medicine’s report prompted much debate over the years regarding what could be done to protect patients, a more recent report prepared by researchers from John Hopkins University found that the medical community might not have had too much success in doing so. In fact, preventable medical errors are now the third leading cause of death in this country.
Unlike the 1999 report, which relied upon data from just one study, the Johns Hopkins report used data collected from four major studies. Two of these studies were from the Agency for Healthcare Research and Quality and the Agency for Healthcare Research and Quality, during the years 2000 to 2008.
After being involved in a car accident of any severity, a person’s life can be changed drastically. While only the most severe car accidents will likely lead to fatal or life-threatening injuries, even minor accidents can lead to some level of harm as well as vehicular damage. Regardless of the type of accident you have been involved in, there are a few steps that all people should take in the immediate aftermath of an accident. If you or a loved one have been injured in a motor vehicle collision, it is time to reach out to a knowledgeable personal injury attorney.
When a person is involved in a car accident, it can be hard to regain a calm and collected mindset, but your ability to act in a prudent manner is critically important to the health of all passengers and the wellbeing of your family. First and foremost, if any person in your vehicle has suffered an injury, you need to contact medical personnel. Serious injuries such as traumatic brain injuries can showcase delayed symptoms and cause permanent damage if untreated. Visiting a medical professional will also give you an accurate understanding of all injuries suffered as it may pertain to an insurance claim or personal injury case.
While injuries at the workplace can occur in any industry, it should come as no surprise that construction workers face an increased risk of both fatal and non-fatal injuries. Tragically, more than 1,000 construction workers were fatally injured while at work, throughout 2018 alone. In all, construction site accidents constituted 47% of all workplace fatalities throughout 2018. Equally concerning is the fact that non-fatal injury rates are 71% higher in the construction industry than any other industry in the United States. If you or a loved one have suffered an injury in a construction accident, it is time to seek out the help of a qualified attorney.
According to the Occupational Safety and Health Administration (OSHA), nearly 3 out of every 10 non-fatal construction injuries are caused by slip, trips, or falls. In many cases, these accidents can be due to employer negligence. If slippery surfaces are not properly marked by an employer, they can be deemed liable for injuries suffered. If employees are not properly equipped with safety equipment and protective gear while working on a roof or on a multi-story building, injuries suffered can also be viewed as a result of employer negligence. Regardless of how the injury occurred, if you or a loved one suffer an injury while working at a construction site, you may be entitled to significant compensation.
Every single year, there are an average of six million car accidents throughout the United States. While only a small number of motor vehicle collisions result in fatal injuries, the reality is that millions of Americans suffer injuries in car accidents each and every year. Unfortunately, the true impact of a motor vehicle collision can go far beyond the initial injuries suffered. If you or a family member have been injured in a car accident, it is important to reach out to an experienced personal injury attorney as soon as possible.
First and foremost, ignoring the injury implications of a car accident, the vehicular damage suffered in a collision can be incredibly costly. Fortunately, a skilled and experienced legal professional can work to develop a fair and accurate settlement and apply the necessary pressure needed to ensure that the other party’s insurance company will pay for the damages. If you or a family member are suffering from injuries, you do not need to feel financial pressure from damage to your vehicle.
In the United States, our economic well being is based in large part on exports and imports. The commercial trucking industry serves as our primary facilitator of the exporting and importing of goods. While commercial trucking may be a necessary component to our economy and way of life, the industry does come with some safety risks. According to the U.S. Department of Transportation, approximately 4,136 Americans died in commercial trucking accidents throughout 2018 alone. If you or a loved one suffer serious injuries in a collision with a commercial truck driver, you need to quality legal representation.
Due to the sheer size of commercial trucks, the overwhelming majority of fatalities in these collisions occur to passengers in standard motor vehicles. Whether your loved one was severely injured or killed in an accident, it is important to seek legal action in a prudent manner. In many of these instances, the negligence of the commercial truck driver was the ultimate cause of the collision. The most common forms of truck driver negligence include drinking and driving, distracted driving, and exceeding their hour restrictions resulting in drowsy driving. In other instances an employer may overload a commercial truck or fail to properly maintain the vehicle, resulting in an increased risk of an accident.
Throughout the United States, tens of thousands of motorcyclists are involved in motor vehicle collisions each and every year. Tragically, according to statistics compiled by the National Highway Traffic Safety Administration (NHTSA), 4,985 motorcyclists were fatally injured in accidents throughout 2018 alone. Injuries tend to be more severe among motorcyclists in collisions involving a standard motor vehicle because of the lack of protection they have. If you or a loved one are injured in a motorcycle collision, it is time to seek legal assistance.
Due to the exciting nature of motorcycling, some motorcyclists operate their vehicle in a negligent or reckless manner. The most common forms of motorcycle negligence include swerving in between lanes of traffic, riding at excessive speeds, following other vehicles too closely, and illegally passing. These forms of negligence can lead to both rear-end and head-on collisions. If a motorcyclist is swerving in and out of lanes of traffic, it can make spotting the motorcyclist more difficult for other drivers. It should also be noted that drinking and driving is an increasingly common form of motorcycle negligence. According to the NHTSA, an incredible 28% of motorcyclists killed throughout 2017, were legally drunk.
Today, distracted driving has become one of the leading traffic safety concerns throughout the United States. Distracted driving can come in a number of forms including texting and driving, consuming food or beverages while driving, or any action that will take a driver’s hands off the wheel or eyes off the road. Despite the fact that distracted driving is inherently dangerous, thousands of Americans make the reckless decision to drive while distracted. If you or a loved one have been injured in a car accident caused by a distracted driver, you need the help of a qualified legal professional.
With the sheer number of distracted drivers on American roadways, it is natural to wonder how much of a health hazard distracted driving is. The short answer is simply that distracted driving is one of the leading causes of motor vehicle collisions and traffic fatalities in the United States. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving resulted in approximately 2,841 fatalities throughout 2018 alone. While the vast majority of these deaths were drivers and passengers, an alarmingly high number of pedestrians (400) and bicyclists (77) were killed by the reckless actions of distracted drivers.