When a large commercial vehicle is involved in an accident with a standard automobile, the results can be catastrophic. In the vast majority of these instances, the injuries suffered to the passengers of the standard motor vehicle can be long-term life-changing injuries or fatal ones. According to the Federal Motor Carrier Safety Administration (FMCSA), over 4,700 large trucks and busses were involved in fatal crashes throughout 2017. In many cases an accident involving a commercial truck only occurs due to the negligence of the operator or the trucking company itself.
With thousands of fatal commercial trucking accidents occurring throughout the United States each year, it is important to understand the leading factors of these collisions. First off, many of these collisions could be avoided if not for driver error. Driver error is one of the leading causes of commercial trucking accidents and can range from driving under the influence of drugs or alcohol, driving at reckless speeds, or texting while driving. In other cases, a driver may be looking to make some extra money and will drive over their legal hour limit causing them to be dangerously tired or attempt to drive up hazardous terrain without chains in order to save time on their load.
Sexual assault against an adult who can consent is a crime, but the sexual abuse of a child is an especially sensitive topic. This year, Illinois eliminated the statute of limitations on sex crimes no matter the age of the accuser. The statute of limitations for minors had already been eliminated in 2017. Facing sexual abuse as a minor has life-lasting damaging effects, and it may take a victim time to realize they have been abused. Here we will discuss how to recognize signs of sexual abuse.
Any kind of sexual contact with a minor is considered child sexual abuse. The age of consent in Illinois with a person of trust or authority is 18 years old. A person under this age cannot consent to any sexual activity. Sexual abuse is not only penetrative sex. It is illegal for an adult to participate in any of these acts with an underage child:
Having a lawyer is not a requirement for even the deadliest accidents, but it can be difficult to know when legal representation is needed. Car accidents happen every day, and most people can handle minor accidents with cosmetic damage only to the car themselves. When injuries occur, there is serious damage to the vehicle, and the accident was not your fault, you may want to consider calling an attorney.
From a recent release by the Illinois Department of Transportation, there were 311,679 motor vehicle crashes in Illinois during 2017. Accidents with injuries accounted for 21.5% of all accidents, but fatal crashes only accounted for less than 1%. Approximately three people were injured a day in Illinois due to car accidents. One of the highest contributions to car crashes that year was speeding. It is considered negligent to go over posted speed limits on a roadway, and if that causes a car accident, then that driver may be able to be held liable if another driver is injured.
While every qualified worker is entitled to apply for workers’ compensation benefits after a workplace accident, receiving benefits can be a different story. There can be red tape from employers and insurance companies that prevent injured workers from receiving the benefits they rightfully deserve. While reporting a workplace injury and requesting benefits does not require an attorney, seeking legal counsel is in the best interest of any person who is hurt on the job.
A government program to assist workers if they are injured at work, workers’ compensation provides benefits to employees who cannot return to their job. Benefits include wage replacement and coverage for medical bills related to the injury. All employers in Illinois are required to have workers’ compensation insurance and refusing to comply results in fees and potential jail time.
Whether in assisted living or a nursing home, elderly people that live there still have rights. Unfortunately, the people who work for these institutions take advantage of their vulnerable residents and take away their rights and endanger their lives. Nursing homes are supposed to be safe places with specialized care for the elderly, but the World Health Organization reports that 2 out of 3 staff members admit to having committed an act of abuse. Refusing to take care of a patient, or taking advantage of them for personal gain, is negligence.
The Nursing Home Reform Act of 1987 was created to give a standard of care for nursing homes. Residents of nursing homes have the right to a safe environment free of abuse or fear. They also have the rights to:
Toys can provide hundreds of hours of play and learning experiences for children of all ages. Most children have a favorite toy, but what happens when it is a hazard to their life due to a manufacturing defect or poor design? Toys that fall under these categories can cause death or serious injuries. When companies release hazardous products and children get hurt, they must be held responsible through product liability lawsuits.
According to the U.S. Consumer Product Safety Commission, 217,000 children a year are treated for toy-related injuries. Not all of these hospital visits are for defective toys, but when companies do not carefully develop products, children can suffer from suffocation, burns, or the effects of dangerous chemicals.
As a parent, it is important to keep aware of consumer recalls and potential hazards when providing a toy to a child. These dangerous products were recalled due to company oversights that caused harm to children.
A premises accident can happen anywhere, and under the right circumstances, the property owner can be held responsible for injuries or damages. After being injured at someone’s home or business, a victim may not know where to turn or even know they are eligible for compensation. Like a car accident or medical malpractice, when negligence is involved, a person injured on the property of another may be able to get restitution for their pain and suffering.
When a person does not act with reasonable care towards a situation and a person gets injured, they can be held responsible for being negligent. For any personal injury cases, such as a premises accident, negligence must be proved. To prove negligence, there must be a duty to establish for the property owner to maintain under law, refusing to provide maintain that standard, and an injury with damage caused by inaction. For example, if there is a wet spot in a grocery store and no effort was made to clean up the spill or warn patrons, the store owner may be held liable if someone slips and breaks a bone.
When regular visits to a doctor’s office are a habit, the first sign of life-threatening illnesses can be detected. Most medical professionals have their patient's best interests in mind, but mistakes do happen. When a mistake has been made, or a patient is second-guessing their treatment, it can be difficult to determine the difference between medical malpractice and the sometimes uncertainty of medicine.
A woman in Oak Park was recently awarded $50 million in a settlement against West Suburban Medical Center. The birth of her baby in 2014 resulted in the child having severe brain damage. Although a representative from the hospital claimed that appropriate action was taken during the natural birth, experts in the medical malpractice trial testified that a cesarean section would have prevented injuries to the child. An ultrasound showing that the child did not move for six hours during labor was ignored by medical staff, and the mother expressed concerns to her doctor that she could not feel the unborn baby move. Today, the child is five-years-old and is unable to sit, stand, or talk.
A fall or mechanical accident will cause physical harm to a worker, but what happens when their psyche is affected instead? Many people have a mental illness and they go to work and function regularly, but when mental illness is caused by a work environment or circumstances, then their treatment may be covered by workers’ compensation. Treatment for mental illnesses can also go alongside treatment for a physical injury, as these issues may arise after trauma.
When an employee is injured or becomes ill due to circumstances surrounding their job, their employer’s workers’ compensation insurance steps in to assist the worker. If the employee cannot return to their job, workers’ compensation provides replacement wages based on their current income and limits set by the state. If a person can eventually return to the workforce but their earning potential is affected, workers’ compensation will assist with the differences. Any medical treatment an employee requires because of a work-related injury will be financially covered, as long as the treatment is considered reasonable and medically proven to help an ailment.
As December comes to a close, we reflect on the previous year and look forward to the fresh start that a new year brings. In this century, we celebrate our second decade, so there is bound to be extra excitement as we enter 2020. The new year brings resolutions and champagne toasts, but unfortunately, new years eve and day are a couple of the most dangerous times to be on the road and car accidents spike.
One of the biggest contributions to this spike is drunk driving. Crashes having to do with alcohol or drugs increase 71% compared to an average weekend from 6:00 p.m. on New Year's Eve to 6:00 a.m. on New Years Day. Like it's winter holiday counterparts, New Years encourages drinking alcohol. Many people top off at midnight with a glass of champagne. While that one glass of champagne would likely keep someone within the legal limit to drive, it is the drinks before and after that can create a problem.