Posted on January 12, 2015 in Personal Injury

As the New Year gets underway, it is important drivers stay informed on the changes to Illinois automobile law to reduce accidents and injuries.

New Driver Laws in Illinois

Senate Bill 1898 increased the minimum mandatory coverage for liability auto insurance policies in Illinois. It also increases the amount of money that is sufficient to satisfy a judgment in a motor vehicle accident lawsuit. The changes will allow for victims of accidents to recover more money for their injuries, medical expenses, and property damages.

For bodily injury or death of a single individual, the coverage increases from $20,000 to $50,000; bodily injury or death of more than one person increases from $40,000 to $100,000; and for injury or destruction of others' property, the coverage increases from $15,000 to $40,000. Increasing the minimum liability insurance benefits for injured victims of serious car accidents allows them to recover more money from the insurance company of the other party.

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 Posted on January 08, 2015 in Immigration

Since the announcement of President Barack Obama’s executive order on immigration, various immigration reform myths have been abundant in social media. For someone in the system, hearing inaccurate information can be not only frightening and intimidating, it can be devastating—and if someone acts on false information, he or she may jeopardize his or her visa status or asylum claim. It is absolutely imperative that those who need accurate information can get it.

Myth #1: The president’s actions are unprecedented.

False. Nearly every president in our country’s history has used executive orders to push major legislative aims, including immigration reform. Eighteen executive orders regarding immigration have been enacted since 1950 that came from Republican presidents, including George H.W. Bush’s Family Fairness program in 1990. The Immigration & Nationality Act vests the power to make immigration decisions in federal officials, including the President.

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 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.

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 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.

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 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.

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 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.

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 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.

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 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.

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 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.

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 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.

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