Most local drivers should be well aware of the Illinois law which requires seat-belt use. However, modifications, additions, and alterations to all laws each general assembly cycle, often affect Illinois car accident law. An important job of a Chicago car crash lawyer involves keeping up to date with the legal changes and ensuring client interests are protected as they relate to these new requirements.
For example, the Illinois General Assembly recently passed a new related law to seat belt usage. The measure now added to state code at 624 ILCS 5/12-603 places an additional requirement upon all drivers. Specifically, the measure demands that all drivers properly ensure that vulnerable passengers have their own seatbelts fastened and properly secured. These vulnerable passengers are defined as those who are unable to properly secure themselves-most notably sick, disabled, and elderly individuals.
Of course current child safety belt laws also remain in place. In Illinois these laws require that all children under the age of 8 be properly secured in an appropriate child restraint system.
An important implication of this law, and others like it, is how a court will consider it when involved in Illinois car crash lawsuits. For example, these suits typically involve legal “negligence”-or one driver failing to abide by reasonable standards of care when behind the wheel. A complication often arises when both drivers involved in an accident are negligent to one degree or another. The law has unique ways of handling these “comparative negligence” situations
The new Illinois vehicle safety measure requiring that drivers ensure vulnerable passengers are properly buckled is specifically listed in the bill as not evidence of negligence. What this means is that a party to a lawsuit will be unlikely to use the new law in an effort to make the claim that both drivers were negligent trying to trigger the “comparative negligence” analysis.
The developing nature of local law makes it imperative that you contact a Chicago personal injury lawyer, like ours at Levin & Perconti. Our team has years and years of experienced working with victims to guide them through the court proceedings related to their case. We work tireless to ensure that all clients receive the fair redress that the law provides.
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