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Over the last several years, rideshare services like Uber have offered unprecedented competition to taxicabs and other forms of public transportation. Of course, the rise of ridesharing has not been without controversy as many believe that any type of transportation should be subject to strict regulations to ensure passenger safety. Uber’s contracting practices have also been the focus of public scrutiny, yet thousands—if not millions—of riders continue to use the service every day in cities throughout the world. Sometimes, however, accidents do happen, and when they do, it is important to know your rights.
Police and Uber Collide
Even the most careful drivers cannot prevent every accident. Such was the case for an Uber driver this week when he unwittingly entered a police chase on West Roosevelt Road. According to news reports, Chicago police tried to pull over an SUV for a traffic violation in Lawndale when the SUV sped away, prompting the police to give chase. The pursuit continued into the University Village/Little Italy neighborhood. The police car collided with a vehicle being driven by an Uber driver who was transporting a passenger at the time of the crash.
Typically, accidents that receive compensation for a head injury are those that result in concussion, but is this truly the baseline for trauma? A recent study on young football players suggest it may not be. In fact, even players who never received a concussion diagnosis had subtle changes to their brains. This suggests that head injuries in all types of accidents, including those sustained in auto accidents, may deserve a closer look when deciding whether a victim may be owed compensatory damages.
About the Study
Conducted by Wake Forest Baptist Medical Center, the study examined a small sampling of young football players – just 25 of them, all of whom were between the ages of eight and 13. Images of their brains were taken prior to the start of the football season and then again at the end. The team also installed sensors into their helmets to record data on the frequency of head impact. What they found was that, even among those that had not received a concussion during the season, slight and subtle changes had occurred within the brain over the course of the season.
Over the years, many states have become safer for workers. Safety standards have increased, exposure to toxic and cancer-causing materials has decreased, and better worker education have resulted in fewer severe injuries and fatalities. In fact, the country as a whole, including Illinois, has come a long way from past decades. However, Illinois has been slipping as of late. According to the Insurance Journal, the Occupational Safety and Health Administration has reported a 28 percent increase in worker fatalities since 2013. In 2016, alone, at least 36 Illinois workers were killed on the job. If you were injured while working or a family member lost their life in a work-related accident or resulting illness, contact a skilled attorney today for immediate assistance.
Struck-by Hazards and Falls
Those at considerable risk of fatal injury are construction workers. Being struck by an object or falling are the two largest hazards for construction workers. According to the Center for Construction Research and Training, falls accounted for 33.3 percent of construction worker fatalities and being hit by an object accounted for 17.6 percent of fatalities. Transportation accounted for 26 percent, while “exposure” accounted for 15.7 percent. Exposure fatalities include death by electrocution, air pressure changes, caustic and noxious substances, and temperature extremes.
When an accident occurs on public property, it can be very difficult to obtain compensation from any government agency. This is due, in large part, to laws which limit an injured party’s ability to sue a government entity or employee in most cases. The law, however, does not offer immunity in every situation. For example, a recent ruling by an Illinois appeals court has opened the door for further action by a bicycle rider who was injured while riding on Chicago’s Lakefront Trail.
Governmental Immunity Laws
In Illinois, the Local Government and Government Employees Tort Immunity Act (the Act), affords protection to municipal governments, agencies, and their employees in most personal injury cases. It specifically provides immunity for injuries caused by conditions of public recreation areas unless a local entity or employee is guilty of willful or wanton conduct that caused the injuries. The Act also provides absolute immunity for injuries that occur on access roads to “fishing, hunting, or primitive camping, recreation, or scenic areas.”
When you have been injured in a motor vehicle accident that you believe was the result of another party’s actions or negligence, you have the right to seek compensation from the at-fault party. If the matter cannot be resolved through negotiation and compromise, filing a lawsuit may be the next logical step. Where you choose to file your action is an important decision, as the forum you select must have jurisdiction over the parties involved. This was recently called into question in a lawsuit stemming from a headline-grabbing accident from 2014 involving an automobile and interstate bus en route from Atlanta to Chicago.
The Accident
In October 2014, a double-decker Megabus was traveling on Interstate 65 near Greenwood, Indiana as it made its way to Chicago from Atlanta. A car on the same highway lost control and hit a barrier, causing the car to become disabled on the roadway. The Megabus hit the car, and the driver overcorrected, leading the bus flipping on its side, court documents indicate. The crash injured a number of passengers, 12 of whom filed lawsuits against the bus company alleging driver negligence.
No one should be above the law. Yet, in the minds of some, this is exactly what a group representing firefighters and municipalities are trying to accomplish by introducing a bill that would reinstate the so-called “public duty rule.” The law, which dates back to the 1800s, broadly protected paramedics and firefighters from lawsuits while on the job, even when those actions stemmed from willful or wanton negligence. Essentially, no form of conduct – even conduct that intentionally or recklessly endangered the public – was considered reprehensible under the law.
Public Duty Rule Unnecessary and Unlawful
Under any other circumstance, the public has the right to expect that they will be protected from harm or injury caused by negligence, recklessness, or maliciousness. Drunk drivers receive criminal penalties and may be taken to court for damages. Negligent physicians, nurses, anesthesiologists, and hospitals may be subject to malpractice lawsuits and, in some circumstances, could lose their license to practice medicine. Even business owners are expected to provide reasonable protections to their patrons; failure to do so makes them subject to a premises liability lawsuit.
As winter officially begins and drivers head out and about to visit family and celebrate the holidays, it becomes important for everyone to understand how to stay safe on the roads. Even more critical is the knowledge of what to do, should an automobile accident happen to you or someone you love. Winter weather safety should be the responsibility of every driver and passenger on the road.
An Ounce of Prevention Can Go a Long Way
Ensuring your vehicle is “winter ready” can help dramatically when it comes to keeping you, your family, and others safe on Illinois roadways. New wipers keep your windshield clear, improving your overall visibility. Snow tires that have been checked for proper air pressure help to ensure you have good traction while driving through snow and slush. Good brakes can give you improved stopping power, even in the worst of conditions. So, if you have not yet had your vehicle winterized, either take steps to do it yourself or contact your local mechanic for assistance. Also note that a winter weather emergency pack should be a part of your winterization steps. A flashlight, warm blankets and clothes, ice scrapers, kitty litter, a phone charger, water, and non-perishable foods are just a few thing you might want to include.
A slip and fall can happen to almost anyone, almost anywhere, especially during the winter months. Yet, there are some Americans who are at a higher risk of serious injury than others. Of particular concern are those who are over the age of 65. Even more concerning for this at-risk group is the fact that they are also more likely to suffer a slip and fall injury. Learn more about this risk, and what you can do if you or someone you love has suffered a slip and fall injury in Illinois.
Slip and Fall Injuries and Deaths More Common Among Older Americans
Information from the Centers for Disease Control and Prevention (CDC) indicates more than 2.8 million older Americans experience a slip and fall each year. More than 27,000 of those falls resulted in death. Many others (one in five) resulted in serious injury, such as broken bones, facial fractures, and traumatic brain injury. Further, more than 800,000 older Americans are hospitalized due to head injuries, hip fractures, spinal cord injuries, and other serious slip and fall injuries.
Being in a car accident with a drunk driver can be traumatic and can leave you with a variety of serious injuries. You may not know what to do in order to be compensated for the damage to your vehicle and the injuries you and your loved ones may have sustained.
The first thing you should understand is that a car accident caused by a drunk driver is no ordinary car accident. Under Illinois law, there are several differences. If you have been in such an accident, it is recommended that you meet with an experienced drunk driving accident attorney who understands the damages you may be eligible for and the parties who may be responsible.
Illinois Drunk Driving Laws
Drivers may not drive with a BAC level of .08% or higher. If the driver is under 21 years-old, a driver cannot drive legally if his or her BAC level is .01% or higher. Illinois law also bans carrying alcohol in open containers in cars.
Anyone who has been hospitalized understands the longing for home. Hospitals are renowned for the unusual smells, sometimes questionable food, poor sleeping patterns, cranky roommates, and mediocre room service. After even a short stay in a hospital bed, many are quick to start questioning how quickly they can expect to return home. Under the care of an upstanding medical professional, you will likely be advised to stay until you become healthy enough for an unsupervised, non-controlled environment. However, early hospital discharge is a growing epidemic that is putting patients’ lives in danger and creating the possibility of medical malpractice suits.
When to Go Home
Determining when a patient should be sent home can be a difficult decision. However, that is up to the doctor and the patient to decide together. The patient knows their body better than anyone while a physician can determine what symptoms and conditions should be monitored. Working together, they put together a comprehensive picture of the situation. The patient may be ready to go home if:
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