Recent Blog Posts
How Do I Prove Wrongful Termination?
You might be the victim of wrongful termination if your boss fired you from a job for illegal reasons. Although Illinois is an at-will employment state (meaning employers can fire employees for any reason or not reason at all), it is still against the law to terminate an employee’s relationship with a company because of discrimination or retaliation. If you believe you have a wrongful termination case, use an experienced attorney to help you prove your claim in court.
Understanding the illegal reasons for terminating an employee
There is a big difference between being let go from a job for legitimate reasons and being wrongfully terminated. According to the American Civil Liberties Union (ACLU), there are around 150,000 wrongfully terminations each year in the US.
If we want to understand wrongful termination, we need to look at some of the illegal reasons people are fired from their jobs. These include:
How Does a Personal Injury Lawyer Decide to Take My Case?
If you recently experienced an incident in which someone else’s actions caused injuries to you or a loved one, you may consider filing a personal injury lawsuit. Personal injury lawsuits can provide you with valuable relief from the medical and financial burdens you suffered as a result of your injury. However, even if you believe you have a solid case and should pursue compensation for your injuries, each lawyer retains the right to take on your case or deny assistance.
Before you schedule a slate of free consultations, it is important to determine how likely an injury lawyer is to accept your case. This post will provide a list of factors our Springfield personal injury lawyers take into consideration when evaluating potential cases.
Who Caused the Incident?
Liability is the number one factor in any personal injury case, and refers to the fault assigned for the incident. Refer to documentation regarding the incident, including police reports, witness reports, statements by the other party, and your own recollections of the incident. Potential lawyers will use all of this information to determine which party an insurance company, judge, or jury is likely to consider at fault.
Illinois Distracted Driving Laws
Distracted driving is a problem, but there is no uniform way to tackle the problem as is exemplified by the varying ways that each state attacks the distracted driving problem. Depending on what state lines you cross, the way you are punished for using a cellphone while driving a motor vehicle varies wildly.
With this in mind, let's talk about the distracted driving laws that apply here in Illinois.
Phones & Hand Held Devices
The most prominent distracted driving laws in Illinois are those pertaining to cellphones and hand held devices. Illinois law prohibits use of hand held cellphones, texting, or using electronic devices while operating a motor vehicle. This includes while stopped at a stop light or sign.
- Hands free or blue tooth technology is allowed for drivers 19 years of age and over.
- City and school bus drivers are forbidden from using cellphones while they are driving.
- No driver is allowed to use their cellphone if they are in a highway construction zone or a school zone.
What are the Dangers of Walking While Texting?
The dangers of texting continue to be studied and not just for drivers. Although it might sound crazy, texting while walking can be almost as dangerous as texting while driving. More and more pedestrians are being injured while practicing unsafe texting conditions while walking along busy roads.
People have walked into telephone poles, bus stops, doors, shops, subway tracks, and more while not paying attention to where they are going. Pedestrians paying attention to their phones instead of their walking route not only slow down foot traffic but are also more likely to cause accidents with other pedestrians or walk directly into oncoming traffic.
Walking and Texting Accident Statistics
A recent study by the Harborview Injury Prevention and Research Center found that texting has become a significant distraction for pedestrians and the behavior can put pedestrians at risk for being hit by a vehicle.
6 Safety Tips for Riding a Motorcycle in the Winter
Winter in Illinois presents a variety of hazards and extra considerations to drivers. Motorcycles are even more susceptible to hazardous winter driving conditions. Pay attention to these hazards and follow the associated safety tips to ensure you or the motorcyclist in your family avoids a motorcycle accident this winter.
Winter Hazards
These winter hazards present extra danger for winter motorcyclists.
- Cold. Due to the design of a motorcycle, no structure surrounds the driver to protect him or her from exposure to cold temperatures. As a result, cold temperatures and the associated wind chill can quickly harm a rider’s skin, particularly in the extremities which experience poorer circulation. Another side effect of cold weather is reduced tire pressure, oil response, and battery response. Motorcycles are susceptible to reduced performance in colder weather just like other motor vehicles. Poor handling and equipment breakdowns may endanger winter riders.
How Do You Prove Negligence in a Personal Injury Claim?
If you or loved one were involved in an accident that resulted in injury by no fault of your own, chances are you incurred medical expenses as a result. Likely, you would like the at-fault party to compensate you for the medical expenses, as well as any lost income due to lost work or potential pain and suffering endured on your part. The first step in that process is proving that the negligence of the at fault party caused your injury.
What Is Negligence?
By legal definition, negligence is the failure by an individual or company to use reasonable care, resulting in the injury of another person. If the failure of another person or company to take adequate care not to injure others caused you to suffer an injury, you may be entitled to compensation for your injuries. To prove negligence, the plaintiff’s attorney must first prove that the individual owed the plaintiff reasonable care.
What Is Reasonable Care?
For basic negligence purposes, everyone must take reasonable care to prevent the injury of others. For example, imagine a situation in which spectators are watching a tennis game. If a spectator is struck with a tennis ball during the normal proceedings of a game, causing injury, the players and officials have still taken reasonable care to play the game as expected and prevent injuries. However, if a player throws a racket into the stands in frustration and injures a spectator, the player has failed to take reasonable care to prevent injuries.
How Do Below-Freezing Temperatures Affect Your Car?
Winter in Illinois regularly brings temperatures far below the freezing point of 32 degrees. In fact, this winter has already featured temperatures well below zero. With record cold predicted for the rest of the winter season, many auto owners are wondering what these brutally cold temperatures could mean for the overall condition of their vehicles.
Low Temperatures Issues
Below-freezing or sub-zero temperatures can affect the performance of your vehicle in several ways.
Decreased tire pressure.
Your car’s manual should list optimum tire pressure; alternatively, many vehicles list this figure on the inside of the driver’s-side door frame. Colder temperatures can result in once-adequately-filled tires losing pressure as cold air occupies less space. Under-filled tires can result in decreased gas mileage, poor handling, and even blowouts in extreme cases.
Ensure that your car’s tires retain adequate pressure even in cold weather. Keep a tire pressure gauge handy, or stop regularly at air stations where you can check pressure before adding more air to your tires. Taking caution now can help avoid poor handling or blowouts causing an accident later on.
What Are The Car Insurance Requirements in Illinois?
Nearly every state, including Illinois, imposes requirements for car insurance. Minimum requirements often require drivers to carry at least liability insurance to protect other drivers in the event that they cause an accident. Liability insurance is designed to cover the costs for the other drivers’ property or bodily damages incurred as a result of the accident.
How Does Illinois Prove Coverage?
Any driver registering a vehicle in the state of Illinois is required to provide a signature attesting to insurance coverage of at least the minimum standards in Illinois. At the time of registration, drivers must show proof of insurance as well. Further, the state of Illinois retains the legal right to randomly sample vehicles and select them for continued verification of insurance. If selected for random verification, the driver must provide the insurance portfolio number as well as the associated VIN.
Drivers must carry proof of insurance in Illinois vehicles at all times, and show it at the request of law enforcement. If a driver does not have insurance at the time of an accident, law enforcement will assess additional penalties, with a minimum $500 penalty for driving while uninsured. In addition, the state will suspend the vehicle’s license plates – if law enforcement finds the driver driving with suspended license plates, the driver will receive a $1000 fine.
Top mistakes to avoid when filing your workers comp claim
If you sustain an at work, workers' compensation benefits can give you the help you need to pay your bills and get medical treatment. However, some common errors can cause problems such as delays, fewer benefits than you need and even outright denials.
Even if you think you have a straightforward case, consulting a workers' comp attorney can help you maximize your chances of getting the results you deserve. If you receive a denial, your lawyer can help you move through the appeals process. Be sure to act as soon as you receive the notice, as appeals run on fairly tight deadlines.
Delaying the incident report
Although, technically, you have a few days to report your injury to your employer, it is prudent to notify your boss as soon as an accident happens. Delaying notification can undermine your credibility and potentially make room for your employer to argue you were injured elsewhere. You should report an accident as soon as it happens, even if you do not think you were injured or you believe you only sustained a minor injury. Not all injuries result in immediate symptoms, and some may appear lighter than they really are.
Signs of traumatic brain injuries after car accidents
It does not take an extreme car accident to result in serious injuries to all parties involved. One of the most serious to pay attention to is a traumatic brain injury.
Car accidents happen every day in Illinois, and if you ever find yourself in one, you need to see a doctor immediately. Traumatic brain injuries can quickly escalate. In the weeks and months following the collision, you should watch out for the following symptoms and bring them to the immediate attention of a medical professional.
Mental and cognitive symptoms
You should be wary if you notice any drastic changes to your mood. It is natural to feel depressed or angry after a car accident, but weeks later, you may realize you are prone to constant mood swings. You may also notice concentration and memory problems. It can become a hassle to recall certain details you should know without hesitation.