Posted On: April 30, 2010

Motorcycle Accidents and Helmet Safety

Motorcycle accidents account for about ten percent of all fatalities every year and it is extremely important for all motorcycle riders to remember that safety is very important. Unfortunately, in Illinois there is no law requiring motorcyclists to wear helmets but it is crucial for anyone that wants to drive or ride on a motorcycle to understand the importance and safety in wearing a helmet. Illinois is one of only three states that have absolutely no helmet requirements, even among people younger than 18. Until this legislation is changed and the law requires this extremely important safety measure to be taken, riders must make it a point on their own to make sure they and their passengers always wear a helmet. Motorcycle crashes can be very dangerous because the riders are not protected or surrounded the way they are in a vehicle and this is how so many traumatic brain injuries occur as a result of motorcycle accidents. Brain injury is what causes the most motorcycle related deaths, and if all riders would always wear a helmet the number of brain injuries would be greatly reduced. Traumatic brain injuries are injuries that cause the disrupt the normal functioning of the brain after a blow or some kind of startling jolt. According to The Brain Injury Association of America, wearing a helmet can reduce the risk of brain injury, following a motorcycle accident, saving as many as 1,500 lives a year. To learm more about the extreme dangers of motorcycle accidents, please click on this hyperlink.

Given the recent surge of warmer weather, more people are riding motorcycles and this safety issue becomes more prominent. Please remember that whenever you or a loved one gets on a motorcycle to always wear a helmet, so you can have fun safely!

Posted On: April 28, 2010

Group of Illinois Teens Offered Hands On Defensive Driving Education

A group of Illinois teens were given the opportunity to take a defensive driving training course taught by professional drivers in order to help teach them how to deal with certain dangers of the road, such as skidding on the road and obstacles in the road. The reason that these young teens were able to participate in this program was as a reward for having one of the best teen driving awareness programs which works to try to reduce the number of teenage car accidents. This course was taught by professional race car drivers who knew how to handle the situations they were teaching the students. The defensive driving course has very hands on and would teach students how to deal with dangerous situations by showing them what would happen and then how to properly react in order to stay safe. While the students did say some of the things they were taught to do were scary they also said that learning how to react made them feel like it would keep them from getting into a dangerous situation in real life and when they were on the road all by themselves and hopefully helps them avoid car crashes. Parents of these students also agreed that this program was a great idea and that they hope that it will make kids more away of the potential dangers of driving. While parents know the dangers and can try to explain to their children how to avoid them, it can often be hard to explain it in a way that makes sense and parents of children that attended this course felt that this approach was a great experience for their children. To read more about the teenage defensive driving lessons, please click on this link.

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Posted On: April 26, 2010

Prom Driving Safety Tips

As prom season approaches, please make sure to discuss with your children the importance of safe driving on prom night. Teenage drivers are a very high risk group to begin with, as car accidents are the leading cause of death for children aged 16-19 years old. According to the Center for Disease Control, this age group is four times more likely to crash than older drivers. The high likelihood of teenage driving accidents is due to inexperience , distraction, and other issues common to young drivers. Since teenage drivers are more likely to be involved in car accidents generally, it is important to talk to them about the additional dangers that may present themselves on prom night.

On prom night, many underage kids may consume alcohol and unfortunately may still decide to get behind the wheel. Given the inherent dangers in driving while under the influence, it is crucial for teenage kids to understand that they should never try to drive even after one drink. Additionally, it is important to make sure that they understand that other kids may try to drive while drunk and that it is important to tell an adult or the police if that person insists on driving while under the influence in order to stop them from getting hurt or from hurting others.

An additional problem that presents itself on prom night is that teenage drivers may be driving much later than they are usually allowed to or are familiar with. Make sure teenage drivers understand that if they feel in anyway uncomfortable driving in any situation on prom night that they should call an adult to come pick them up. For more information on teenage driving, please click on this link. Please remember these important tips and talk to your child before prom to try to reduce the number of teenage car accidents this prom season!

Posted On: April 22, 2010

Marengo Illinois Motor Vehicle Accident Result of Drunk Driver

A car accident that occurred on April 2nd left two Illinois men with serious injuries. According to the Rockford Register Star, the car accident occurred when the car they were traveling in left the road, crossed over the center lane and left the road on the other side causing it to roll over multiple times and crash into a tree. Both the driver and his passenger were taken to local hospitals for treatment of their serious personal injuries and it was found that the two men were only wearing chest belts and not lap belts.

The driver of the car involved in this accident was found to be under the influence of alcohol at the time of the crash. He has been charged with driving under the influence, driving while his license was revoked, improper lane usage, and for driving with no proof of insurance. To read more about this particular Illinois DUI car accident, please click on this link for more information.

Car crashes
caused by drunk driving are far more common than they should be, as this is a completely avoidable issue. If you or someone you know wants to drive home after consuming more drinks that the legal maximum, please do not drive and stop any person that is trying to. Driving drunk not only puts the driver at risk but puts anyone else in the car’s life at risk as well as anyone else on the road. Even if you have had below the legal limit to be considered able to drive, but do not feel like you should be behind the wheel of a car, please do not drive. Given how dangerous it is to drive drunk, it is always better to err of the side of safety.

Posted On: April 20, 2010

Tragic Train Accident Kills Chicago Woman

A fatal train accident occurred on April 16th in which a Chicago woman’s car was struck by an Amtrak train and she was killed. Upon investigation it was discovered that the trains warning system (to alert drivers when a train is approaching) was not properly reconnected after the track had been worked on. Unfortunately, this meant that there was no adequate warning for the young woman whose car was struck to let her know the train was coming and to keep her from crossing. According to Chicago Breaking News, after the repair work was done on the tracks, the workers thought they had appropriately hooked the warning system back up but unfortunately had not causing the warning system to not go into effect with an approaching train. To read more about this tragic accident, please click on this link.

While this accident was a result of human error on the part of the train workers, it is important for all drivers to be very cautious when driving over train tracks. If there are safety alerts telling you a train is approaching, never try to cross even if you cannot see the train. Trains travel at very fast speeds and can approach much quicker than you may realize and could be very close even if you can not see it from the intersection. If you are at a train track and the warning systems are not activated but you can see or hear a train nearby wait anyway just to be safe. If you are ever not sure if it is safe to go at that time, in order to avoid a car accident, please err on the side of caution.

Posted On: April 18, 2010

Wrongful Death Lawsuit Settles for Over $2 Million Dollars

A wrongful death lawsuit settled for just over $2 million dollars in connection with a June 2009 accident in which four people died and another was seriously injured. The car accident occurred after an off duty police officer was at a bar and drank a great deal of alcohol before getting behind the wheel of her car and then later drive into oncoming traffic. The court found both defendants, the police officer responsible for the accident and the bar responsible for serving her liable for the wrongful death of the four individuals. The lawsuit money was divided up between the families of the four victims, the sole survivor and the plaintiff’s attorneys. According to the Courthouse News Service, manslaughter charges are still pending against the police officer. To read more about this car crash lawsuit settlement, please click on this hyperlink.

It is important for bars and any establishment that serves alcohol to realize that they may be held liable for over-serving customers or for failing to stop them from leaving if they are aware that the person is clearly intoxicated. While not all drunk driving accident lawsuits choose to name the bar as a defendant in the case, this may be an option, so we encourage owners to be aware and alert of what is going on throughout your establishment in order to protect patrons and others on the road. If you or a loved one was injured in a drunk driving accident and would like to discuss your legal options, please contact an Illinois accident attorney today.

Posted On: April 16, 2010

Illinois Car Accident Lawsuit Filed on Behalf of a Minor Victim

A car crash lawsuit has been filed by the father of a young car accident victim. The car accident occurred last May, when the minor girl was a passenger in a car in which the complaint alleges the driver had just bought alcohol and had been consuming it prior to the accident. The driver lost control of her car while driving in Fairview Heights, IL and crashed into a tree. The lawsuit alleges that the driver was driving negligently while under the influence of alcohol. According to the St. Clair Record, the lawsuit seeks damages of over $150,000 for the physical and emotional injuries that the young girl suffered, as well as for the loss of her being able to do her usual activities. To read more about this Illinois car accident lawsuit, please click on this link.

According to Illinois DUI laws, the penalties for driving under the influence (with a blood alcohol content of over .08) are very severe, including up to a year in jail for the first offense (one year and a half if someone under 16 is in the vehicle), up to a $2,500 fine (more if someone under 16 is in the vehicle or if the driver’s blood alcohol content is over .16) and a mandatory license suspension of at least a year. The punishments increase exponentially if a person is caught driving under the influence more than one time. Aside from the possible punishments for drunk driving, a person should never drive under the influence of alcohol because not only are they placing themselves in extreme danger but are also putting anyone else on the road in danger in the event of a car crash.

Posted On: April 14, 2010

New Guidelines for Dementia Patients and Driving

A recent study was done to help determine when people suffering from various types of dementia should no longer be legally allowed to drive. The issue with people with advanced types of dementia driving is that dementia affects the brain and memory and in its advanced stages can affect a person’s memory, attention, language, and ability to problem solve. This can be dangerous for a driver because paying constant attention to the road and being oriented to what is going on is crucial to be safe on the road and help avoid car accidents.

According to The American Academy of Neurology, new guidelines have been issued to determine at what level of advancement people with various forms of dementia are no longer safe when driving. A type of rating scale has been implemented that allows doctors to use a combination of information received from both a person with dementia’s caregiver and from an observation of the person themselves to determine what level of dementia they are suffering from. The reason that this testing scale is appropriate is that doctors have found that not all patients suffering from dementia are incapable of safely driving and that as many as 76 percent of patients with mild dementia are safe to drive.

It is important for caregivers to be alert and aware of dementia patients driving and if anything seems out of the ordinary such as car crashes, moving violations, avoiding certain driving conditions, or generally becoming more aggressive or impulsive, as these may be warning signs of dementia advancing or getting to a point that may make driving unsafe. If you notice these type of changes, please contact a doctor to the get the dementia patient tested for driving. To read more about the new guidelines for safe driving and dementia patients, please click on this hyperlink.

Posted On: April 12, 2010

Illinois Accident Lawsuit Filed in Connection with Car Crash

The victim of a car accident has filed a lawsuit against the other driver after the driver allegedly crossed over the median and crashed into the victim’s car. The car accident complaint alleges that the plaintiff was driving on I-64 in Illinois when the accident occurred and the crash aggravated a pre-existing condition that he had which caused him great physical and mental pain and kept him from being able to do his usual duties. According to the Madison Record, the lawsuit alleges that the defendant negligently failed to keep his car under control, was driving too fast, did not keep a proper lookout, didn’t stop in time or slow down to avoid an accident, and failed to stay within his lane. The lawsuit seeks more than $50,000 in damages in addition to the costs of the lawsuit. To read more about this St. Clair County car accident lawsuit, please click on this link.

A victim of a car accident has several options when filing a lawsuit against the driver they feel was responsible for the accident. The actual damages incurred in the accident, including medical expenses for the victim and the damage to property, are not always the only options available. A victim or the family of a victim can often seek compensatory damages which do not account for actual costs incurred but rather monetary damages to try to make the person whole again following the accident. These may be for future lost wages when someone cannot work in the same way they were able to work prior to the accident or in anticipation of future medical expenses that have not yet come about. Additionally, in the event that a victim in the car accident was killed, the family filing the wrongful death lawsuit can seek compensatory damages for having to live with the loss of their loved one as a result of the accident. If you or a loved one was injured in a car accident and you would like to know more about what options are available, please contact a Chicago accident attorney at Levin & Perconti to discuss the details of your case.

Posted On: April 10, 2010

Illinois Accident Lawsuit Seeks $100,000 in Damages

A St. Clair County car accident that occurred last August has led to the filing of a car accident lawsuit by one of the drivers involved that was hurt in the car accident. The car accident lawsuit alleges that one of the other drivers struck another car from behind and that second car then struck the plaintiff’s car causing the plaintiff injury. The complaint names both drivers as defendants in the lawsuit. The initial driver allegedly caused the crash and failed to maintain a proper lookout as well as other negligent actions, while the second driver allegedly also acted negligently when she failed to maintain a proper distance between the cars to avoid a car crash. According to The Madison Record, the lawsuit seeks over $100,000 in damages, which include medical bills, lost wage, suffered earning capacity and property damages. To read more about this car accident lawsuit, click on this link.

Often times car accidents may not be due only to one person’s negligent behavior but can be a combination of negligent actions taken on the part of multiple people. If you or a loved one was involved in a car accident and you feel that the accident was caused by the negligence of one or more than one other person involved, please contact an Illinois accident attorney to see what options you may have in pursuing a lawsuit. Even if you are not sure if you have a case against another driver, please contact an attorney to discuss the possibilities available to you.

Posted On: April 8, 2010

Illinois Man Killed in Motorcycle Crash on I-80

An Illinois man was killed in a motorcycle accident that occurred on April 7th. The accident occurred on I-80 when the motorcyclist tried to brake while rounding a curve and lost control of the bike, causing the bike to throw the rider off and hit a guard rail. According to The Southtown Star, at this point the investigation has shown that there was no sign of alcohol but that the driver was speeding at the time of the horrible one-vehicle accident. To read more about this tragic Will County accident, please click on the link.

Motorcycle accidents can be very dangerous and new safety measures are constantly being taken to try to make them safer for riders. A recent study by the Highway Loss Data Institute has shown that a recent effort requiring mandatory training for riders is not nearly as effective at preventing dangerous motorcycles accidents as was hoped. The study compared accident statistics in states that required training to those in states that do not, and the numbers were not significantly different. Some argue that even if these programs are not being offered to reduce accidents, they are still important to teach new riders how to operate motorcycles before allowing them on their own on the road. An additional argument showing why they may still be important is that there are certain types of risky behaviors, such as speeding like in the New Lenox crash, that often cause accidents that will not be eliminated no matter how well a person knows how to properly operate and ride a motorcycle. While it is unfortunate that these measures have not been found to help prevent accidents, the New York Times Wheels Blog mentions that certain precautions taken do help prevent fatalities, such as antilock brakes on bikes and helmets worn by riders. The Chicago accident attorneys of Levin & Perconti urge motorcyle drivers and passengers to remember to always ride at a safe speed and to wear your helmet to avoid serious personal injuries.

Posted On: April 6, 2010

Chicago Accident Lawyers on Car Insurance

In Illinois, all drivers must have car insurance for every motor vehicle they own including cars, motorcycles, trucks, and buses. All drivers must carry their insurance card, issued by the insurance company upon issuance or renewal of the insurance policy, with them at all times and be willing to show it to any police officer that asks. While it is very important to always keep your insurance card with you at all times, if you forgot it but the insurance policy is up to date some officers will allow you to prove that you have current insurance in either court or by mail to avoid a penalty. In Illinois, if a person is found to be driving without car insurance, the first offense will result in the suspension of the drivers license until the driver pays a $100 fee and shows prove of current evidence. According to Cyber Drive Illinois, the driver will also be fined $500 for driving without insurance and will be fined $1000 for driving the same car in the time period in which the license plate is suspended. Aside from just checking at traffic stops or after accidents, Illinois has started randomly selecting cars and sending the owners a questionnaire asking for current insurance policy information, and that information will be double checked with the insurance provided. To read more about the Illinois requirements for car insurance and where you can obtain car insurance, please click on this link.

The Chicago injury attorneys at Levin & Perconti strongly believe in the importance of car insurance, not only to keep drivers from getting fines, but to protect drivers in the event of a car crash. Under Illinois law, the minimum amount of insurance required is as follows: $20,000 for the injury or death of one person in a car accident, $40,000 for the injury or death of more than one person in a car accident, and $15,000 for damage to another person’s property. While this is the state required minimum, there are certain more extensive types of policies that can protect and cover drivers even if the other person involved in the accident and who is at fault has little or no insurance themselves. One type of policy that is available in Illinois is underinsured motorist policy which means that you are protected by your insurance company and can recover damages when the other driver that caused the accident’s minimum coverage will not cover the damages. Additionally, in Illinois there is the option of obtaining and uninsured motorist policy. This is similar to the previous policy but means that your insurance company will protect you against uninsured drivers that are at fault for an accident as opposed to drivers with minimum insurance. Levin & Perconti recommends these policies because of how much protection they can offer to drivers in the event of an accident with a driver who is at fault but their insurance will not be able to cover the damages of the driver who is not at fault. Damages from a car accident can be extensive, so it is always good to protect yourself and your loved ones by having a thorough and extensive car insurance policy.

Posted On: April 4, 2010

Case Law Update: “In Concert” Defendants in Automobile Accident

Norman v. Brandt, No. 4-09-0246 (2-14-10) affirmed a case where the Plaintiff alleged that Defendant, who offered to lead cars of friends who were heading to lake to swim, drove his vehicle "in concert" with driver of vehicle from which Plaintiff was thrown to cause his injuries and death. Court properly granted summary judgment for Defendant; Plaintiff's vehicle was following closely behind Defendant on a narrow country road, careened off road, and rolled over in field. Despite Defendant have exceeded speed limit, he did not commit tort in concert, per Restatement of Torts Section 876, as not attempting to race, no horseplay, and did not drive in way to encourage or substantially assist other driver to driver tortiously. This case will greatly impact Illinois automobile accident law.

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Posted On: April 4, 2010

Illinois Man Pleads Guilty to Drunk Driving in Connection With Fatal Accident

An Illinois man has pled guilty in connection with a drunk driving car accident that killed one person and injured two others last year. The fatal accident occurred when the driver crashed into a mailbox, car and two trees. The driver was going 77 miles per hour in a 25 miles per hour zone and his blood alcohol level was .277. According to Suburban Chicago News, the crash did not involve any other cars but killed one passenger and injured two others. from the car involved in the crash. The sentencing phase of the trial has not occurred yet, but the driver can face anywhere between three and fourteen years in prison in connection with pleading guilty to this criminal charge. To read more about this Illinois car accident, click on the link.

According to Mothers Against Drunk Driving (MADD), drunk drivers accounted for over 30% of all traffic deaths in 2008, with over 11,000 victims to drunk drivers getting behind the wheel. Driving while under the influence of alcohol is so extremely dangerous because a driver’s reactions and ability to safely and defensively drive is lost when a person is drinks. While there is a legal drinking limit, if you are ever unsure of your blood alcohol level or feel that you are impaired and should not be on the road, hand over your keys and let someone else drive. With drinking and driving it is always better to err on the side of safety and not drive after consuming alcohol. Also remember that when you get behind the wheel after drinking, it is not only your own safety at risk!

Posted On: April 2, 2010

Car Accident Lawsuit Filed Against Police Sergeant

A car accident lawsuit has been filed against a police officer who is believed to have been texting while driving, which then caused a fatal accident. The car accident occurred several weeks ago and happened when the police sergeant allegedly unsafely and illegally changed lanes to enter the highway and crashed into a passenger car killing one of the people in the vehicle. According to WOAI's website, the family of the victim, as well as a surviving passenger from the crash, have filed the wrongful death lawsuit against he police officer, even though the police reports show that both drivers were to blame. The attorneys representing the victim are trying to ensure that phone records are not destroyed or tampered with so they can see if the officer was in fact texting at the time of the accident. If the officer is found to have been texting when the accident occurred this could be very serious because of how recent studies have shown the danger of texting while behind the wheel. Texting while driving is becoming outlawed in many states, including Illinois. To read more about this tragic accident, please click on the link.

According to the Health Finder website, over half a million people were injured and close to 6,000 killed last year in accidents that were caused by distracted drivers using their cell phone (either talking on or texting). Given the incredibly high number of accidents caused by driver distraction with cell phone usage, many states are cracking down on this problem by banning certain phone actions while driving. It is virtually impossible to pay complete attention to the road while checking your cell phone for a text or responding to one and this is a problem that is entirely avoidable. This distracted while driving danger also applies to police officers, and not just other drivers, and if the police officer in this case was found to be texting at the time of the accident he could face serious consequences. Even if the practice is not outlawed where he was driving, the court is very likely to find that he was at fault and that the other driver was not at fault if the officer was distracted by his cell phone at the time of the accident. Please remember how dangerous cell phones can be in terms of distracting a driver and that even one second of not paying attention to the road can lead to tragic accidents.