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DuPage County Personal Injury Law Blog

Obtaining damages after a wrongful death lawsuit

When a person passes away as a result of another person's negligent or reckless actions, the event can be hard to come to terms with, and it can feel impossible to forgive. The financial damages associated with the death of a loved one can be debilitating, and this is why it is possible for loved ones to file a wrongful death lawsuit.

It is very common for wrongful death lawsuits to be filed after a fatal car accident. When a person is killed in a car accident, it is very possible to prove that the other party acted recklessly and negligently. Certain elements need to be present in order to successfully make a wrongful death claim in the state of Illinois.

Keeping your sidewalks clear to avoid premises liability

This winter, perhaps you have a neighborhood holiday party, and a family friend slips and falls on your driveway. Perhaps you order pizza for delivery, and your delivery man falls on your icy sidewalk. Due to their injuries, they now want to sue your insurance company to pay for their medical expenses.

As Illinois moves toward colder weather, citizens know that snow and ice will begin to wreak havoc on roadways. Yet many individuals forget that their personal property – their driveways, walkways leading to their front doors and even steps to entering their homes – will exhibit dangerous hazards for guests. Any invited guest has the authority to sue your insurance for damages, and though you may have an amicable relationship with the victim, he or she may still wish to sue to pay for their associated costs due to falling on your property. Keep yourself and your guests safe this winter by maintaining your walkways and avoid a premises liability lawsuit.

Can anti-lock brakes reduce motorcycle accidents?

The nation is filled with motorcycle enthusiasts, many of whom live in Illinois. While most of these individuals are wary of new mandatory requirements, they do want the freedom to ride safely on the nation's roadways. For the safety-minded biking enthusiast, any technology that can help them avoid involvement in a motorcycle accident is worth the changes their favorite mode of transport may undergo.

Over the years, safety experts have claimed that adding anti-lock brakes to new motorcycles go a long way in improving the operator's safety. Just last month in September, the National Transportation Safety Board (NTSB) voted to recommend mandatory anti-lock brakes on all new motorcycles sold in America. The NTSB made its recommendation to the National Highway Traffic Safety Administration (NHTSA), an entity that has the authority to make new regulations on motorized vehicles.

Has trucking safety improved in recent years?

Just about every media source you look at publishes news about truck accidents on a regular basis. This paints a dark picture of a dangerous world in which hulking trucks take on the role of a villain. In real life, tractor-trailers are just machines operated by imperfect human beings. In the right hands, a truck does only what it is supposed to do, but in the wrong hands, it can become a dangerous object hurtling along the roadway.

This might surprise you, but some research data shows that trucking safety has actually improved over the decades. While that is small consolation to those who have suffered injury or lost a loved one to a truck accident, it may give the public as a whole reason to hope that safer roadways may one day become the norm.

  • The number of fatal truck-related accidents declined by 32 percent from 1985 through 2015
  • Only 1.5 percent of truck drivers involved in fatal crashes in 2015 were impaired by alcohol
  • According to the Federal Motor Carrier Safety Administration (FMCSA), only about 7 percent of fatal truck accidents from 1985 through 2015 involved trucker fatigue
  • Each year, the trucking industry spends more than $9 billion on improving safety

Don't rule out third-party claims if your spouse died on the job

Sadly, work-related deaths occur much too often in the U.S., affecting residents of Illinois and other states. Workers' compensation exists to help those injured while working and can provide survivor benefits to family members after a death. In families that relied on the deceased worker for financial support, the benefits provided by worker's comp may not be enough to provide for surviving family members.

While you cannot sue your deceased loved one's employer for his or her death if you collect workers' comp, we want you to know that another solution may exist. Often, the negligence of a third party causes or contributes to worker deaths. Examples of third-party negligence in work-related deaths include the following.

  • Work equipment design or manufacturing defects
  • Work-related deaths caused by private citizens (e.g. a motorist strikes and kills a road worker)
  • Property owner negligence (e.g. a construction client's property contained dangerous hazards)
  • Dangerous conditions caused by other companies or contractors

The impact of the 'Arrive Alive' tour in drunk driving accidents

Have you heard about the "Arrive Alive" tour? A realistic impaired and distracted driving simulator is making rounds through the nation in this important tour. Just this week, the tour made a stop at Illinois Wesleyan University so that young people in the area can safely experience the effect of alcohol and drugs on one's ability to drive.

The equipment used in the tour simulates impaired driving with a virtual reality headset. One of the students participating in the Illinois event expressed surprise at how real the simulation felt. She said that the simulation showed her how impairment affects her ability to operate a vehicle safely.

What happens to the human body during car accidents?

Car accidents are some of the most unpredictable events a person may experience. Some victims walk away with barely a scratch while others suffer catastrophic injuries or even death. Regardless of the amount of damage to the vehicles in such accidents, it is nearly impossible to predict whether someone will suffer an injury.

Because it is difficult to say exactly what will happen to a person in a crash, it is unwise to assume that you will be one of the lucky people that walk away uninjured. Instead, it is better to understand how car accidents affect the human body in typical crash scenarios. Understanding the mechanics of a car accident can help you and an injury attorney present the facts of your case to a court in Illinois. In turn, this may improve your chances of acquiring compensation for your injuries.

Tips for getting your child to and from school safely

Transporting children to and from school can challenging. Whether you will be driving your child to and from school or they will be commuting on their own, it's important to establish the importance of safety in this routine.

Here are a few safety tips for whichever transportation arrangement you choose:

How a helmet saved the life of one man's son

An excellent blog post on the Skilled Motorcyclist Association website details how a motorcycle helmet saved the life of one man's son. The father said that his son had recently moved to a new city from their hometown. The father was driving a pickup truck loaded with his son's belongings at approximately 60 mph. The son was following at the same speed on a yellow Yamaha motorcycle when another driver pulled out in front of him.

The son struck the back of the vehicle, causing him to eject from his bike and fly down the highway at a speed of approximately 60 mph. After continuing down the road, the father realized that something had happened when his son wasn't following him anymore. He turned around to investigate and soon came upon an ambulance and fire trucks at the intersection where he had last seen his son.

Fatal crash in Schaumburg caused by driver believed to be high

A fatal crash recently in Schaumburg was reportedly caused by a high driver. The accident, which happened this month and involved three vehicles, took the life of a 41-year-old man. In a statement, the Schaumburg Police announced the arrest of a 25-year-old man in connection with the crash.

The suspect arrested in connection to the crash has been charged with aggravated DUI that caused death. The man's bail was set at $1.25 million. He is being held in Cook County Jail.

Marquardt & Belmonte, P.C.

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Marquardt & Belmonte, P.C.
311 S. County Farm Rd
Wheaton, IL 60187

Phone: 630-517-3279
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