Posted on January 07, 2015 in Personal Injury

According to the Federal Bureau of Investigations, people drive drunk about 300,000 times per day. Out of those who drive drunk, less than 5 percent are arrested for drunk driving. Furthermore, about half of all drivers who die in car crashes test positive for drugs or alcohol.

Drunk Driving in Illinois

In November of 2014, an Illinois man was held on $1 million bond for a drunk driving accident that he caused. The accident resulted in the death of another person. The state charged the driver with four counts of aggravated DUI, one count of driving under the influence of drugs, and one count of driving with a revoked license.

Illinois takes driving under the influence seriously, as it can result in serious injury to the drunk driver and to others. Illinois law prohibits driving under the influence. Specifically, Illinois statute 625 ILCS 5/11-208.6 prohibits "driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof …" Local law enforcement has the authority to enforce drunk driving laws.

Continue Reading ››

 Posted on January 06, 2015 in Family Law

In most legal matters, the law focuses on empowering all members of society to make legal decisions that are best for themselves. However, sometimes the rights of many are restricted because they lose their ability to make decisions for themselves; the courts then step in and take action on their behalf to ensure that their interests are protected. This can lead, unfortunately, to a population that is left unable to act in their own legal best interests. This happens largely when a man or woman becomes incompetent either through age and/or disability, and the courts provide these wards with a guardian ad litem to represent them in legal family law issues concerning them.

It is important at any age, and with any disability, that citizens of our society still have their rights adequately represented. In family disputes, minors are provided with their own guardians ad litem to make sure that, though they are considered “incompetent” because they have not reached the age of majority, their rights are still protected even in the face of family disputes.

Continue Reading ››

 Posted on January 05, 2015 in Personal Injury

The Metra Transit System, commonly referred to as Metra, is responsible for commuting approximately 81.3 million passengers. The Metra is the fourth busiest commuter rail system due to its high passenger volume. Despite the Metra's statistics demonstrating the reliability of the rail system, accidents occur due to train collisions with vehicles, people, and may also occur because of faulty or damaged railways, therefore leading to serious injuries and even fatalities among the millions of riders.

Police and public agencies are responsible for maintaining a safe railway environment and the safety of the general public; however, human behavior is often unpredictable. Railway safety is critical to maintaining a safe environment in support of police efforts, and it is the duty of those employed by the railway to properly maintain the trains and equipment. Accidents are not predictable and the actions of employees of the railway or the actions of others can seriously injure passengers.

Continue Reading ››

 Posted on December 30, 2014 in Immigration

In the United States, higher education is becoming increasingly expensive and has therefore created a market for scholarships and grants. Most of the time, the recipients of these awards are accepted and congratulated. However, there are those who protest when a grant or scholarship goes to an undocumented immigrant. Rights and privileges, such as higher education, they argue, should be reserved for citizens.

The DREAMers

The Development, Relief and Education for Alien Minors (DREAM) Act was introduced into Congress in 2001; however, a version of it has never passed both houses. Too many lawmakers have decried it during its lifespan as an ‘amnesty’ and a ‘shield’ for gang members to avoid deportation. Its aim is to provide an avenue toward citizenship for young people who were brought to the U.S. as children when, it is implied, the choice to immigrate was not entirely their own.

Continue Reading ››

 Posted on December 29, 2014 in Personal Injury

Over 100 boating accidents occurred in Illinois in 2013, which led to the deaths of 14 individuals. As a result, the Illinois Department of Natural Resources has increased its enforcement of laws regulating on-the-water safety. However, no matter how diligent boat drivers are in maneuvering water crafts, boating accidents still happen and often result in catastrophic injuries and death.

Who Polices Boating Accidents?

The Illinois Conservation Police Officers (CPOs) regulate boating incidents. However, if you are in a boating accident, dial 9-1-1 and the police will distribute CPOs to your location.

Who Do I Sue in the Event of a Boating Accident?

The answer to that question depends on who is liable for the accident. You will want to sue the party responsible for an accident. The lone survivor of a May 2014 boating incident is now suing a boat company for negligence. According to Chicago Sun Times, four people rented a 33-foot motorboat that eventually sank after catching fire. The accident occurred in Chicago, Illinois on Lake Michigan. This accident caused deadly injuries to three of the four people on board the boat. All passengers who were aboard have been accounted for.

Continue Reading ››

 Posted on December 23, 2014 in Family Law

There are specific laws put into place that require parents to fulfill their obligations and ensure that their children are physically, mentally, and emotionally cared for. Even during a divorce between two parents, there are legal regulations that are in effect to ensure that no matter what a financial situation ends up being post-divorce, the children of the marriage are cared for by both parents. This support extends until the children are no longer minors, after which the law assumes that the children are able to support themselves. But what if they cannot?

Children with disabilities require more financial, physical, mental, and emotional support than other children. What also makes these children different from others is that they may still require this support after they are no longer minors. Nationwide there has been a significant amount of case law which indicates that parents do have a duty to support financially children with disabilities well beyond reaching the age of majority.

Continue Reading ››

 Posted on December 22, 2014 in Personal Injury

In 2014, to date, the Illinois Department of Transportation has recorded 734 deaths on Illinois roadways. In some cases, car accidents only lead to minor injuries or damage to motor vehicles and other property. Unfortunately, as is highlighted by the statistics in Illinois, car crashes may lead to fatalities as well.

Filing a Wrongful Death Suit after a Car Accident

In wrongful death cases, an investigation takes place by the authorities regarding the cause of a car accident and the resulting wrongful death. In an accident involving a fatality, the experts involved gather data at the scene to piece together the cause of the accident.

Accident reconstructionists visit the site of a car accident to take measurements, and examine the vehicle, the traffic control lights, and the intersection. The authorities canvas witnesses to obtain statements regarding their observations of an accident.

At the outset of a wrongful death case, personal injury attorneys work tirelessly, independently and alongside the authorities to investigate the cause of the accident. With the advancement of technology, it is possible to gather significant amounts of data. Cameras, including red-light cameras, often provide detailed video or photographic evidence of crashes. It is also possible that vehicles involved in crashes leading to fatalities are equipped with an electronic control module (ECM), which contains information regarding the vehicle's speed at the time of the collision, as well as whether the vehicle's brakes were deployed. The ECM is similar to a "black box" in an airplane. The police and/or the parties to the accident download the pertinent information if an ECM is on the vehicle.

Continue Reading ››

 Posted on December 18, 2014 in Immigration

When people hear the word “smuggling,” they often think of goods, not people. However, under U.S. law, it is possible to engage in the smuggling of human beings. Some believe that paying someone else to get over the border gives the enterprise a veneer of legitimacy, but the truth is that smuggling is still a crime. Additionally, if you trust the wrong person, you could wind up deported or even stuck with a permanent bar.

"People Smuggling" Defined

While most would equate smuggling people to human trafficking, the two are not the same under United States law. Human trafficking takes place when people are captured or otherwise persuaded against their will into forced labor (often prostitution). The smuggling of people (most often immigrants) is done with a person’s full consent and willing participation. Also, very often, the profits come from different methods: smuggling is a paid transaction, while trafficking is exploiting unwilling victims.

Continue Reading ››

 Posted on December 16, 2014 in Family Law

Divorce causes a significant amount of emotional, mental, and physical stress, especially when a divorce is particularly caustic. With all the items that need to be decided on for a divorce settlement, as well as the uncertainty of the final result of a divorce, it may be difficult to ensure that all of your needs properly addressed. In fact, health insurance coverage is one of the many particulars that ends up getting lost in the middle of a divorce settlement.

Study Sheds Light on Loss of Coverage for Many Women Post-Divorce

A recent study, conducted by the University of Michigan and published in the Journal of Health and Social Behavior, evaluated women between the ages of 26 and 64 and found that overall, women’s insurance coverage dropped and remained low for more than two years after the end of a marriage. Additionally, it was estimated that nationwide, 115,000 women annually lose their private health insurance coverage as a result of a divorce. This is a significant number of women who are living post-divorce life without the protection that they would have had had they remained married.

Continue Reading ››

 Posted on December 15, 2014 in Personal Injury

It has long been known that drunk driving is a dangerous activity that can cause serious consequences, in both the legal aspect as well as in the personal lives of the individuals involved—particularly if this action contributes to a car accident. Those who choose to operate their vehicles while impaired can face criminal charges and a civil lawsuit if their actions lead to the injury of another or property damage.

Additional consequences can emerge depending on the circumstances, which can have financial effects as well as cause damage to the overall well-being of those involved. With all of these consequences in place, one may think that the incidence of drunk driving is nearly non-existent, but that cannot be farther from the truth. Drunk driving is an issue that almost every community across the country likely has to deal with in one aspect or another.

Shift in Perception

However, perhaps the circumstances surrounding impaired driving are not all negative. According to a recently published news article, new survey results released by the group Mother Against Drunk Driving (MADD) indicate that the fear of legal repercussions is not the reason most people choose a designated driver. Rather, they report doing so in order to keep themselves and others on the road safe.

Continue Reading ››