In the majority of vehicle accidents that take place, there is typically one driver who is found to be at fault for the crash. That driver is the one that, under the law, is responsible for the losses the accident causes, such as injuries or damage to property. If the driver who is at fault is a private citizen, then usually the victim files a claim with the at-fault driver’s car insurance company. If the at-fault driver was working for a business at the time of the crash, then the victim would typically file a claim against the company’s insurance company. When the crash involves a ridesharing vehicle, determining the at-fault party becomes much more complicated.

How Is Liability Determined?

In ridesharing crashes, the driver’s status at the time of the crash is what will determine how the accident claim will be filed. According to company policies:

If the ridesharing driver was at fault in the accident, did not have the driver app on, and had no passengers in the vehicle, then any accident claim needs to be filed against the at-fault driver’s own insurance company.

When a drunk driver causes injury to a victim, that victim not only can pursue damages from the drunk driver, but they can also pursue damages from the establishment that sold the alcohol to that driver. This action can be done under the Illinois Liquor Control Act. The majority of these actions occur as a result of drunk driving accidents; however, there are some other scenarios where the law could also apply.

Dram Shop Law

Under the Illinois Liquor Control Act, as referred to as the Dram Shop Act, any person who is injured (or the victim’s family if the victim is killed) due to the actions of an intoxicated individual can pursue legal action against any party licensed to sell alcohol who caused the intoxication by selling or giving alcohol to the individual. Affected parties can be:

• An establishment, such as a bar or restaurant, that sells alcohol to individuals who consume the alcohol on the premises.

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Losing a family member is always heartbreaking, even when that loss was expected, such as old age or a terminal illness. But when their death was caused by the negligent action or behavior of someone else, families are often left devastated by the suddenness and shock of it all. Not only are families left with the emotional devastation, but the victim’s death can also cause financial hardship, especially if he or she was the primary breadwinner for the family. In these types of tragedies, the family may be able to pursue a wrongful death lawsuit against those parties who are deemed legally liable for the victim’s death.

What Is a Wrongful Death?

According to Illinois law, wrongful death is defined as one that is caused “by wrongful act, neglect or default.” One way to understand what would constitute a wrongful death is that under the same circumstances, had the victim lived, they would have been able to pursue a personal injury claim or lawsuit against the party or parties that caused the accident that resulted in their injuries.

Who Can File a Wrongful Death Claim?

The law states that there are only certain survivors of the victim that may pursue a wrongful death action. These include:

Most drivers have had the experience of being on the road and suddenly hearing sirens or seeing red flashing lights. We pull over in time to see a fire truck, police cars, or other emergency vehicles go racing by. Emergency responders provide a valuable service and are generally the first on the scene when threatening and tragic events happen but getting caught in front or alongside them on the road can put you in a potentially dangerous situation, making car accidents and injuries more likely to occur.

Emergency Vehicle Accidents

Police, firefighters, and emergency medical services (EMS) workers have the authority to go above speed limits and to disregard traffic signs and signals to protect the public and save lives in potentially dangerous situations. Unfortunately, these driving behaviors are among the leading causes of car accidents and injuries. The Federal Emergency Management Agency (FEMA) has determined that emergency vehicle accidents pose enough of a hazard on roads and highways to warrant additional studies on how these accidents occur and what can be done to prevent them. In addition to the high rates of speed these vehicles travel in carrying out their duties, other factors involved in these accidents include the following:

• Driver distraction: Emergency vehicles come equipped with the latest cameras and communications technology, allowing them to communicate with dispatchers and other first responders in their efforts to manage a crisis. Unfortunately, responding to communications and using visual aids are a major distraction, which is a leading cause of car accidents.

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Most people have busy lives, and it is understandable for a person to want to be able to complete multiple tasks at once, especially when they are engaged in routine activities that do not seem to require their full attention. However, multitasking while driving is not just a bad idea, but it can have deadly results. Distracted driving is one of the most dangerous practices that a driver can engage in, and it is far too common on the roads in the United States. These unsafe behaviors lead to thousands of fatal car accidents every year, as well as tens of thousands of non-fatal injuries. Drivers, passengers, or others who are injured by distracted drivers will want to understand their options for pursuing financial compensation that will address the damages they have suffered.

The Most Dangerous Types of Distracted Driving

While distracted driving can come in many forms, distractions that affect drivers can generally be grouped into three categories:

• Visual distractions - These include any actions that cause a driver to look away from the road. This can cause a driver to miss important details, such as vehicles that are approaching an intersection, cars that have slowed down in front of them, pedestrians that are attempting to cross the road, or obstacles in a lane of traffic. Inability to notice these details may not allow a person enough time to respond and avoid colliding with a vehicle, pedestrian, or obstacle.
• Manual distractions - These include situations where a person takes their hands off the steering wheel or takes other actions that cause them to not be in full control of their car. In these cases, a person’s reaction time will increase, since they will need additional time to regain control of their vehicle before they can react to conditions on the road. Even a split-second delay can affect a person’s ability to avoid a collision.
• Cognitive distractions - Failure to fully pay attention to the road can affect a person’s ability to notice important details and respond correctly to changing conditions. Attention that is diverted to other tasks will result in a narrowed field of vision and longer reaction times.

While each of these types of distractions can be deadly on their own, actions that combine multiple types of distractions are especially dangerous. For example, eating and drinking while driving will often require a person to look away from the road and use their hands to hold food and beverages.

Winters in the Chicago area can be dangerous. Large amounts of snowfall, below-freezing temperatures that last for weeks at a time, and other weather conditions can lead to slippery surfaces that may cause slip-and-fall accidents. These accidents can result in multiple types of serious injuries, including broken bones, dislocated joints such as wrists or knees, whiplash, concussions and other traumatic brain injuries, and other forms of bodily harm. In these situations, injury victims will often wonder who was responsible for an accident, and they will want to determine their options for pursuing compensation from a property owner or another party who acted in a way that put them at risk of harm. By understanding how Illinois law addresses these cases, victims can determine their options for seeking compensation for damages such as medical expenses, lost income, and pain and suffering.

Liability for Slip-and-Fall Injuries Caused by Snow and Ice

While property owners or managers are often required by city ordinances to clear snow and ice from sidewalks and other walking surfaces, the laws in Illinois provide them with some protection from liability. In most cases, a property owner cannot be held liable for their efforts to clear snow and ice from sidewalks abutting their property, and this immunity also extends to property managers, tenants, occupants, or other agents who perform snow removal work. Because of this, property owners are usually shielded from liability in cases where slip-and-fall accidents take place because snow or ice naturally accumulated.

Many cases involving slip-and-fall injuries rest on the question of whether snow or ice accumulated naturally. A natural accumulation may include snow that fell during a snowstorm or ice that formed due to cold temperatures or freezing rain. However, if snow or ice accumulated unnaturally, a property owner may be liable for slip-and-fall accidents. For example, if the gutters on a building were not properly maintained, this may have caused water to drip onto a sidewalk below, causing ice to form unnaturally and creating a dangerous slipping hazard. In these cases, a property owner may be liable for slip-and-fall injuries.

Bus accidents have the potential to be very dangerous and injure a lot of people at once. Passengers inside typically lack seatbelts and are vulnerable to being thrown during a crash. Those who were standing on a crowded bus are in particular danger of being seriously injured. Personal vehicles do not stand a chance in a collision with a heavy bus, which puts others on the road at extreme risk when the bus does not operate safely. The responsibility of a bus driver to drive safely is crucial because bus accidents can be so devastating.

Unfortunately, not every driver or every bus company takes that duty seriously enough. If you were hurt in a bus accident, it is important that you speak with an attorney as soon as you can so he can begin preserving evidence right away.

What Careless Practices Lead to Bus Crashes?

Buses are not easy vehicles to drive. They are large, cumbersome, and make wide turns. It can be difficult to see well at all times. Driving a bus safely requires focus and proper training. The bus company is also responsible for performing routine inspections and maintenance to ensure that a vehicular failure will not cause a wreck. Common reasons bus crashes may happen anyway include:

Drunk driving is against the law for a very good reason - it is extremely dangerous. Sober drivers who make a mistake can sometimes still correct themselves and avoid an accident. Drunk drivers lack the reflexes to self-correct and are more likely to cause an accident. Plus, drunk drivers often make serious mistakes like going the wrong way on an interstate that sober drivers are less prone to. If you were injured in a crash caused by a drunk driver, calling an attorney who can help you recover compensation would be wise.

What Types of Crashes Might Drunk Drivers Cause?

Drunk driving accidents can be more serious than accidents involving two sober drivers. The behavior of a drunk driver can be entirely unpredictable, both before and after the crash. Drunk drivers tend to cause these types of dangerous collisions:

• Head-on - Drunk or drugged drivers are notorious for going the wrong way. Whether they’ve driven up the off-ramp on a highway, skipped a median, or missed a one-way sign, intoxicated people may cause a head-on collision with a driver who is on the correct side of the street. This presents an enormous danger, as there is little to shield the drivers from the force of the crash.
• T-bone - Stop signs and stoplights may not have the same significance to a drunk driver that they would to everyone else on the road - it is not uncommon for a person under the influence to fail to notice or yield in time. This can result in t-bone collisions when the drunk driver does not stop and strikes another vehicle that was lawfully in the intersection.
• Rear-end - Stopping in time to avoid hitting the car in front of you can be a challenge for drivers who are over the limit. Drunk drivers may also fail to take weather-related road conditions, like ice or snow, into consideration when calculating their stopping distance. What is so dangerous about rear-end collisions caused by drunk drivers is that their delayed reflexes may not allow them to hit the brakes and at least mitigate the force of the accident by slowing down. While sober drivers often skid into the vehicle in front of them, drunk drivers may collide at full speed.
• High-speed - Serious spinal, head, and neck injuries tend to result from high-speed crashes. Drunk drivers are often reckless, operating at dangerously high speeds and taking turns too quickly. This can cause major problems for others on the road who may not be able to avoid an out-of-control vehicle going well over the speed limit.

If you were involved in an accident with a driver who appears intoxicated, make sure to use extra safety precautions after the accident and then contact an attorney as soon as possible.

Few things in life are nearly as painful as losing a loved one. No matter what the circumstances, the loss of a close family member has a devastating impact on your life. When your loved one was killed because someone else acted tortiously, the pain of the loss can be magnified. No settlement will bring back your family member or fully repair the damage that has been done, but a financial award can reduce the harm your family will face. Courts do the best they can to total the monetary losses associated with a wrongful death and to compensate the decedent’s family as fully as possible. An attorney can help you determine what financial hardships you may be eligible to receive compensation for.

What Will a Wrongful Death Award Pay For?

There are a lot of costs associated with a death in the family. Besides the funeral and medical expenses, you are likely going to be impacted by the loss of your relative’s income and support. In a wrongful death action, you could be compensated for:

• End-of-life costs - Costs associated with holding a funeral and burial or cremation, as well as charges for any medical treatment your family member may have received before passing away are compensable in a wrongful death action. Any pain and suffering your relative was forced to endure before death can also be accounted for.
• Lost income - If your loved one was the primary breadwinner or you relied on their earnings, you may be able to recover monies to make up for lost income.
• Emotional distress - Your own pain and suffering over losing your family member in this way is probably significant and you may need counseling to treat your emotional injuries. If you were near your relative when the fatal injury happened and suffered serious mental trauma as a result, the amount of emotional damages you can receive may be higher.
• Parental guidance - The guidance and moral support a child receives from their parent is impossible to assign a monetary value to because no number would be sufficient. However, when a child wrongfully loses a parent, courts will try to make the child whole again in the only way it can.
• Punitive damages - In some cases, the court will feel that the defendant’s conduct was so egregious that he should be punished for it on top of paying reasonable compensation to your family.

Adding up the damages can be overwhelming. An attorney will be able to help you calculate the amount you should ask for in court.

Few things in life are more frustrating than being the victim in a hit-and-run car crash. You are left on the side of the road, injured, and unsure how you are going to recover compensation. Lawyers and police officers have ways of tracking down hit and run drivers - it is more likely than you may think that they will ultimately be caught. No reason is a good enough reason for fleeing the scene of an accident you caused, but there are a handful of very common excuses drivers give to explain their criminal behavior.

If you were hurt by a hit-and-run driver, it is extremely important that you file a police report and then promptly contact an attorney. The sooner an investigation can begin, the more likely it is that the other driver will be caught and you will recover damages from him.

For What Reasons Do Drivers Flee Accident Scenes?

To the surprise of few, most of the reasons why drivers run away after causing a crash involve some kind of illegal activity. Drivers who were generally following the law but made a mistake typically stop. Drivers who were already doing something illegal when they caused the crash are more likely to take off. Here are a few common reasons the driver who just hit you may keep going:

Most families with young children look forward to Halloween as a fun time for the kids to dress up and collect some candy. Trick-or-treating is a fun tradition for participants, parents, and observers alike. However, there is also a certain amount of risk that comes with children in masks charging onto people’s property to their front door in the hopes of getting some candy. Not all homeowners are as cautious as they should be when preparing for trick-or-treaters.

If you or your child was injured due to a dangerous condition on someone else’s property, you need to speak with an attorney as soon as possible. Property conditions can change quickly, and you will want a lawyer to begin collecting evidence quickly.

How Does Negligence Cause Trick-or-Treat Injuries?

When a person invites trick-or-treaters to come onto his property, he has a duty to make sure it is reasonably safe for them to enter. This means that there should be a safe and well-lit path from the street to the spot the homeowner is handing out candy. Because most trick-or-treaters are children, the landowner must consider that children lack the judgment and caution most adults possess and take extra care to keep his property safe for them.

Some nursing home falls are caused by nursing home neglect - when nursing homes fail to use an appropriate level of care and caution to keep their residents safe from harm. In some cases, falls are mere accidents that would have been difficult to prevent. Others are the result of dangerous conditions in the facility. Always contact an attorney if you suspect that your family member’s injuries were caused by nursing home neglect. Here are some common causes of falls in nursing homes:

• Medication - Many medications that are given to nursing home residents come with side effects that include dizziness or drowsiness and can cause a fall. Narcotic pain medication is frequently administered to elderly nursing home patients. Overmedication or failure to take adequate precautions after starting a resident on a new medication that has these side effects can cause a dangerous fall.
• Hazards in Walkways - Objects like food service carts or unoccupied wheelchairs left sitting in the hallway or carelessly placed oxygen tanks on the floor in a resident’s room can cause a resident to fall after tripping or losing their balance trying to dodge an unexpected object. Many nursing home residents also have a visual impairment that makes keeping walkways free from unexpected obstacles especially important.
• Incorrectly Used Equipment - This includes items like beds, which may be set too high or too low, and wheelchairs or walkers that aren’t properly fitted to the patient. Lifts that are not used correctly may also fail and drop a patient.
• Errors in Transferring - Staff may sometimes make a mistake or violate policy while transferring or moving a patient. For example, a nurse may decide to transfer a patient herself when she should have called for a second staff member to assist.

Falls can be devastating for elderly people in the care of a nursing home. Injuries like broken bones, especially broken hips, and head injuries like concussions or contusions can result. Nursing homes have a legal obligation to use reasonable professional care in keeping their residents safe from harm.

Call a North Shore Nursing Home Neglect Lawyer

If your family member fell and was injured while in the care of a nursing home, contact Gruzmark Law, Ltd. to learn about your legal options. Nursing homes that allow a patient to fall through neglect should be held accountable. Find out how a Glenview nursing home neglect attorney may be able to help. Call 847-729-7660 for a free consultation.

Illinois motorcyclists have the unfortunate distinction of sustaining much more serious injuries in vehicle accidents than the average car or truck driver. Primarily because of the unprotected nature of a motorcycle, in 2019 the Illinois Department of Transportation estimated that approximately 75 percent of motorcycle accidents result in injuries to the rider. 

Unfortunately, around 30 percent of those injured in motorcycle accidents sustain injuries serious enough to be incapacitating or lethal. Many motorcycle accidents are avoidable and are caused due to negligence on the part of the driver of another vehicle. If you or someone you love has been injured in a motorcycle accident, is it important to understand your options for recovering damages under Illinois law. 

What are Common Incapacitating Motorcycle Injuries in Illinois? 

Because the motorcycle is so small relative to a car or truck, and because the rider’s body is exposed, the rider often bears the brunt of a crash. Sometimes riders are thrown from their motorcycle, causing additional injuries from an impact with the road and other surrounding objects. Some of the serious injuries motorcyclists commonly suffer in accidents include: 

Tens of thousands of deliveries are made every day to homes, businesses, restaurants, and warehouses. Shopping and ordering food online is so easy and inexpensive that most of us do not think twice before we ask someone to come onto our property to deliver something.

Unfortunately, people making deliveries sometimes suffer personal injury on private property. Slip and fall accidents, dog bites, tripping over uneven walkways or scattered toys, and injury by falling snow or ice are all common ways delivery drivers are injured.

In this article, we will answer some common questions about premises liability law insofar as it relates to delivery drivers. If you are a delivery driver and have been injured while making a delivery on private property, contact a personal injury attorney right away.

Driving a vehicle, especially at high speed, takes considerable attention and focus. Drivers sharing the road with others are responsible for operating their vehicles safely. When attention is directed elsewhere, there is great potential for dangerous situations. Distracted driving is one of the leading causes of car accidents across the nation, and Illinois is no exception. If you or a loved one was harmed in a distracted driving accident, you may be able to pursue a personal injury claim to recover compensation for the injuries.

Identifying Distracted Driving

Any task or maneuver that distracts a driver from paying attention to the road is considered distracted driving. There are three primary categories of distractions that drivers face. Visual distractions result in the driver taking their eyes off the road, such as checking a text message. Manual distractions involve the driver taking one or both hands off of the wheel, such as eating. Lastly, cognitive distractions cause a driver’s thoughts to focus on something other than driving safely, like arguing with a passenger.

The United States sees over 1 million distracted driving crashes every year. In 2018, Illinois police issued 15,150 distracted driving citations. One of the most common activities that lead to distracted driving is the use of a smartphone when behind the wheel. People who choose to use their smartphones when driving have a much greater chance of being involved in an accident. The majority of drivers agree that texting while driving can be very dangerous; however, a great number of people continue this behavior.

Public transportation is often convenient, affordable, and safe. Passengers who use public transit rely on the drivers’ training and qualifications to get them safely from Point A to Point B. When this expectation is not met, it can lead to serious injuries. In the event that a bus accident does occur, an injured passenger may seek compensation from the negligent parties.

What Are The Common Causes of Illinois Bus Accidents?

When referencing a bus accident, some people may automatically think of a school bus. However, there are several modes of transportation that may be involved in bus accidents, including CTA and PACE buses, private bus lines, airport shuttles, and tour buses.

Fatigue, busy schedules, and overloaded buses are some of the leading causes for bus driver negligence. Additionally, any distractions, drug or alcohol use, and reckless driving can also point to the bus driver being liable for an accident. The bus company could also be found negligent if, for example, the bus is poorly maintained, the seats were improperly installed, or there was an equipment malfunction. Similar to typical car accidents, in order to recover compensation in Illinois, the injured passenger must prove negligence.

Sometimes helping others can prove dangerous. Such has been the case for emergency responders who are trying to assist Illinois drivers. Under Illinois law, drivers are required to move over to keep first responders safe from being struck while doing their job. Unfortunately, many motorists have still failed to comply, and far too many injury-causing accidents happen every year.

Scott’s Law

With a climbing number of incidents involving injuries to first responders, many states have employed laws designed for their protection. In Illinois, this statute is known as Scott’s Law. Scott’s Law was passed in 2002, and it is named for a firefighter who was killed while trying to assist someone on the Dan Ryan Expressway. Under Scott’s Law, drivers are required to move over (into another lane if possible), slow down, and cautiously approach areas where emergency vehicles are stopped with their lights flashing.

Due to a lack of compliance by motorists over the last few years, Illinois launched “Operation Lambert” in early 2020. This operation was designed to help enforce Scott’s Law. As a result of Operation Lambert, police have greatly increased their issuance of citations and arrests. Illinois has also increased its penalties for violating the law.