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Pedestrian Accidents in Illinois
Even while taking safety precautions as a pedestrian, it is still possible to get hit by a car or truck. In the United States, there were just under 6,000 pedestrian deaths in 2017. Although this was a decrease from the years prior, it is estimated that a pedestrian died every 88 minutes as a result of a pedestrian accident in the same year. Many more have been injured as a result of getting hit by a car. A pedestrian has little outward protection from a vehicle hitting them on the road. Head trauma, broken bones, or spinal damage are possible injuries a pedestrian can face. When faced with an auto-pedestrian accident, it is important to know your rights.
Getting hit by a car can be a traumatic experience. After a pedestrian accident, it is important to make your safety a priority. If possible, remove yourself from immediate danger such as in the middle of the road. If your injuries are too severe, try to get assistance in order to move or have a safety warning until authorities arrive. Once safe, call 911 to report the accident. This will alert the police to come to the scene of the accident to begin an accident report. Statements will be taken from yourself and the driver. If you are able, take photographs of the scene, including your injuries. The more information you can gather, the more it can help your case when filing an insurance claim.
Recreational Marijuana and Criminal Records
By: Kal Issa
With the passing of House Bill 1438, which allows for the legal possession of Cannabis, many individuals who have had criminal records based on the mere possession of certain amounts of marijuana will have the opportunity to have their criminal record wiped clean. That is because the bill will provide those individuals the ability to have their arrests, cases, and convictions expunged, making it as if it never happened at all.
House Bill 1438, known as The Cannabis Regulation and Tax Act, amends the Criminal Identification Act, which addresses the sealing and or expunging of certain criminal offenses. Sealing allows a record to be hidden from public view, while still being accessible to certain entities. Expungement, on the other hand, allows for the complete obliteration of a criminal record, essentially wiping the past away.
The new law allows previous “minor Cannabis offenses” to be completely removed from an individual’s history so long as the arrest, charge or disposition was for a Cannabis related offense involving less than 30 grams. This includes not only mere possession of Cannabis but even Possession with Intent to Deliver, Delivery of Cannabis or Manufacturing Cannabis. However, the prior offense must not be for delivering (or intending to deliver) to a minor nor can the offense have been associated with a violent crime.
Recreational Marijuana Comes to Illinois
By: Kal Issa
Governor Pritzker, who has long touted marijuana reform as one of his concerns when running for the gubernatorial seat, will finally have the opportunity to enact a law long desired by a large number of Illinois citizens. The Illinois General Assembly has passed House Bill 1438 and it now awaits Governor Pritzker’s signature.
House Bill, known as The Cannabis Regulation and Tax Act set out a guideline of how marijuana sales and marijuana possession will be regulated. It also completely decriminalizes the possession of certain amounts of Cannabis. Prior to the effective date of the new law, which is January 1, 2020, possession of less than 10 grams of Cannabis is a civil offense punishable by fine only, more than 10 grams but less than 30 grams is a Class B Misdemeanor and more than 30 grams could be charged as Class A Misdemeanor or a Felony depending on the amount actually possessed.
The new Cannabis law allows an Illinois resident 21 years of age or older to lawfully possess up to 30 grams of the Cannabis flower, up to 500 milligrams of THC contained in Cannabis related products and up to 5 grams of Cannabis concentrate. If you are not an Illinois resident, the law will still allow possession of Cannabis or THC, but at half of the above amounts.
Dog Bites: Unfamiliar Dogs and Children in the Spring
As the Midwest begins to warm up in the spring, people in the Chicagoland area take advantage of every nice day they can. Comfortable temperatures mean it is the perfect time for dog owners to take their beloved pets on a walk and parents to take their kids to play outside. With more animals outside in warmer weather, the likelihood of a dog bite increases.
Why Do Dogs Bite?
Dogs are a popular pet, and over 36% of American households own at least one. They are considered “man’s best friend” but it is important to remember that no matter how friendly a dog is, they are still an animal that acts independently. Even a well-trained dog may bite when threatened. In most cases, a dog bites in reaction to something. They might be startled, or defending territory like food. If a dog is scared or approached by an unfamiliar stressor, a bite may be a form of self-defense. A sick dog may bite if they would prefer to be left alone.
What Compensation Can Be Gained After a Truck Accident
Any accident on the road can be traumatizing, but getting in an accident with a semi-truck can produce especially fatal or life-changing results. Commercial trucks weigh significantly more than other passenger vehicles, so any impact with a truck can destroy your car and produce serious injuries. The majority of deaths in truck collisions are people in passenger cars according to the U.S. Department of Transportation. In 2017, over 4,000 people in the United States were victim to truck accidents compared to 683 deaths of truck occupants in the same year.
How Do Truck Accidents Happen?
Although there are precautions made by truck drivers and suppliers, fatal accidents involving large commercial trucks still occur. When a driver is responsible for negligence, it is most commonly due to overworking. There are laws in place to prevent truck drivers from overworking. A fatigued driver is less aware of what is on the road and will have a delayed reaction time, that otherwise could have saved lives. A truck accident can also occur because of poorly maintained equipment. It is the truck company’s responsibility to keep unsafe trucks and trucking equipment off the road. Additionally, a truck driver should also be aware of how a truck is performing and report any overlooked or occurred damage. Poor weather conditions also contribute to the reasons truck accidents happen. With the size and weight of semi-trucks, they take longer to stop. If a truck driver is going too fast for the weather and needs to stop suddenly, no amount of reaction time will prevent the truck from sliding into traffic.
Spinal Cord Injuries and Car Accidents
Although injuries to the spinal cord can be caused by violence, disease, and falls, auto accidents account for half of all new spinal cord injuries. An injury to the spinal cord can have lasting effects, including permanent paralyzation. Advances in technology have allowed people with nervous system damage to live comfortable and productive lives, but there is still no cure for spinal cord injuries. If a person is injured severely due to the negligence of another driver, they deserve compensation for their pain and suffering.
Damage to any part of the spinal cord, or nerve ends of the spinal canal, will impact functionality or sensation based on the location and severity of the injury. Depending on the injury caused by the car, truck, or motorcycle accident, a victim of spinal cord damage may experience the following:
- Loss or lack of feeling,
Steps to Take After a Slip and Fall
A slip and fall can happen anywhere. Whether on private property or in a business, a slip and fall caused by negligence can result in compensation for the injured party to cover medical expenses, suffering, or lost wages. Falls can result in a variety of injuries, and like a car accident, some injuries may not be obvious.
Negligence Explained: When it comes to a slip and fall, if the accident could have been prevented, a property or business owner may be negligent. They may not be aiming for someone to be injured, but it was their lack of action that makes them responsible. This may include wet floors or poor lighting. Even if a property owner was knowledgeable about the danger, they have a minimal obligation to post a warning or barrier. Negligence is a key factor in winning a slip and fall case.
After experiencing a slip and fall on someone else’s property, you may not know where to turn. It is important to act quickly for the statute of limitations in Illinois for slip and falls is only two years. Follow these guidelines for after experiencing a fall because of another’s negligence.
Electronic Warrants and DUI
By: Kal Issa
In Illinois, under most circumstances, police are required to either obtain a warrant or a driver’s consent in order to obtain a blood sample in order to test for the presence and/or amount of alcohol or other illicit substances in the driver’ system.[1] When a motorist refuses to consent to such a blood draw and testing, police are required to obtain a search warrant, which generally may take some time depending on the day of the week, location of the investigation and time of day as they are required to appear before a judge and lay out the facts that leads them to believe a warrant should be obtained.
However, many counties have taken advantage of an Illinois law that allows law enforcement to request and obtain a search warrant through electronic means, thereby making the process more efficient. In lieu of personally appearing before a judge, an officer can make an electronic request for a search warrant from a judge through video and audio transmission.[2] This would allow the investigating officer to immediately obtain a blood sample from the suspected impaired driver for testing and analysis.
Rise in Accidents Involving Stopped Emergency Vehicles
By: Kal Issa
Recently, there has been a spike in vehicle accidents involving stopped emergency vehicles, mainly Illinois State Police vehicles.[1] Unfortunately, some of these accidents have led to the death or serious injury to members of law enforcement. In Illinois, it has been nearly 20 years since lawmakers enacted a criminal statute to address this issue.
Scott’s Law, otherwise known as the “Move Over” law, requires motorists to change lanes away from the shoulder when there is an emergency vehicle parked on the shoulder with its emergency red, white, blue or yellow lights flashing.[2] If it not safe for the motorist to make this lane change, the motorist must proceed with due caution and reduce its speed. Scott’s Law was named after Scott Gillen, a Chicago firefighter who was struck and killed by a motorist while on the scene of a crash rendering emergency services.
With this recent rise in fatal accidents, it is fair to presume that prosecutors are ensuring that a motorist ticketed for violation of this law face tougher penalties. A violation of Scott’s Law is punishable by a fine of up to $10,000.00. Even if a violation of this law leads only to property damage to another, the motorist’s license will be suspended for a minimum of three months, up to one year.
How to File for Wrongful Death in Illinois
Anytime is hard to lose a loved one, but when a family member dies unexpectedly due to the negligence of an individual or a company, it is the surviving next of kin that suffers due to the unexpected expenses and grief. A wrongful death case must follow circumstances in order for the family to receive compensation, but needing to file a wrongful death is not something you plan for, so it is understandable not to know what is next.
The strength of a wrongful death case relies on the fact that the deceased would still be alive if it was not for the negligence or intentional act to cause harm, by another party. The family also needs to be directly affected by the death of the person - either with significant financial and/or emotional strain. These two things need to be proved by a family in order to receive compensation for a wrongful death.
A wrongful death can occur many ways. A few examples are car accidents, medical malpractice, work-related incidents, or violent crimes.
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9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
