Tag Archives: Illinois law

hinsdale personal injury attorneysSummertime has finally reached the American Midwest, and for many, that means that motorcycle season is in full swing. Even non-riders can appreciate the appeal of a cruise on the open road with the sun shining down and the wind blowing across one’s face. In cities and towns around the state, motorcycles also offer a fuel-efficient, fun mode of transportation. Illinois, however, is rather unique in its statutory requirements for motorcycle riders—specifically regarding the use of helmets. As it currently stands, Illinois is one of just three states, along with Iowa and New Hampshire, that have no laws in place regarding the use of protective helmets while riding a motorcycle.

A Before and After Study

Over the last several decades, other states have experimented with relaxing their helmet laws as well, including the state of Michigan. In 2012, the Michigan state legislature repealed its universal helmet requirement in favor of a statute that permitted most riders to ride without helmets. Last fall, a research team at Michigan State University took an in-depth look at the impact of the weakened helmet law.

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DuPage County personal injury attorneyNow that warmer weather is upon us, many families are spending more time outside. For some, this means bringing their canine companions on trips to the park or walks around the block. It is very important if you decide to bring your dog out to a public place that you are aware and in control of his or her actions at all times. A dog bite can cause serious injuries, and knowing how to prevent such a situation is important.

What Happens If Your Dog Bites Or Injures Another Person?

The State of Illinois clearly spells out that the owner or handler of a dog is responsible for any injury the dog may inflict on another person, animal or property.

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car accidents, fault, DuPage County car accident lawyersWhen you are injured in any type of motor vehicle accident, every detail of the events leading up to the accident can be extremely important in recovering compensation for your injuries. Most people understand the necessity determining fault, at least as far as insurance companies and claims are concerned, but when injuries are part of the equation, the process can become even more complicated.

What Is Fault?

In Illinois, as in just about everywhere else, a determination of fault assigns responsibility for causing an accident. Fault may lie solely with one party, or it may be shared among multiple parties, including other drivers, pedestrians, and even automakers and parts manufacturers. When one driver clearly makes a mistake which leads to a crash, assigning fault is fairly easy. In other cases, multiple mistakes by several drivers, combined with road and weather conditions and other variables beyond anyone’s control can create difficulty in determining who should be paying for what.

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DuPage County premises liability attorneysEvery year thousands of people are injured when they slip and fall. Many of these slip and fall cases happen on someone else’s property and subsequently become premises liability cases. Slip and fall accidents can happen anywhere from a hotel to a grocery store to the front sidewalk at a person's home. Getting the compensation you deserve from a slip and fall case can be difficult.

Comparative Negligence

You are not permitted to recover damages for an accident you caused yourself. But, often the cause of a slip and fall accident is not clear. Illinois courts use a modified comparative negligence approach for cases when both you and a third party share responsibility for an accident that injured you.

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b2ap3_thumbnail_car-accident_20150728-140959_1.jpgIn many personal injury cases, one party is very clearly responsible for the actions or negligence that caused the claimant’s injuries. For example, a claimant may have been driving his car under the speed limit in the right lane of a highway when a speeding truck, driven by operator in violation of mandatory rest protocols, swerves into the car’s lane and forces it off the road. The truck driver, and possibly the carrier company, would likely be held fully liable for any injuries caused as a result of the accident. What if, however, the car driver was also speeding and was texting in the moments before the crash? Could the driver of the car still be compensated for his injuries? According to the Illinois laws regarding contributory fault, the answer may still be yes.

What is Contributory Fault?

While there are, of course, many situations like the first example above, in which liability is very black and white, an even greater number lie somewhere in the gray area in between. Often, both the defendant and the claimant, or plaintiff, have, in some way, contributed to the occurrence of the accident. When injuries result from such an accident, it is generally left to the court to decide the level of liability assigned to each party.

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