Posted on October 15, 2014 in Personal Injury

It is well known that riding a motorcycle can be a dangerous activity. The issue of motorcycle safety is especially prevalent in the warmer months, as the weather encourages more motorcycle riders to venture out onto the road. Perhaps these safety initiatives, some of which have been the focus of this blog in the past, are starting to pay off. Data released by the Illinois Department of Transportation (IDOT) indicates that tragedies caused by motorcycle accidents are currently down this year as compared to years past, as reported by a recent news article.

Decrease in Fatalities

IDOT is reporting that the number of motorcycle crash fatalities that have occurred so far in 2014 shows a significant decrease in numbers as compared to those that occurred in 2013. Across the state of Illinois, 60 deaths occurred involving motorcycle riders from January to July. This number is actually a 30 percent decrease from the number of deaths that occurred during the same time span last year, which was 84. Of course, numbers collected throughout the rest of the year will have to be factored into these statistics before a full comparison can be drawn.

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 Posted on October 14, 2014 in Family Law

The recent news coverage and controversy regarding Ray Rice has thrust domestic violence and intimate partner violence into the spotlight. The dialogue about domestic abuse and violence has been incited, and the media has watched as a riveting debate has been put into play about the way our society deals with domestic violence. In fact, the initial sentencing of Ray Rice is seen by many as a reflection of society’s attitude toward domestic violence: if you do not see it, it is not there or it is not as bad as you think.

Who is Affected by Domestic Violence? 

The increased dialogue, however, has motivated lawmakers to begin to crack down on abusers and provide support to survivors of intimate partner violence. First and foremost, it is important to understand the picture of survivors of domestic violence. In a study done by the National Coalition Against Domestic Violence, 85 percent of survivors were women; this is approximately 1.3 million women nationwide annually. This number, however, is a conservative estimate as many survivors of domestic violence do not come forward and report their spouse.

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 Posted on October 10, 2014 in Immigration

When an individual arrives in the United States, a first priority is to find work. In order to do so, he or she must go through the usual channels—but with an added step. It must be verified that he or she is legally permitted to hold a job in the United States. The government uses a tool called E-Verify to perform this action before allowing an immigrant to be hired.

Form I-9 and E-Verify

Both citizens and non-citizens must fill out a Form I-9 when beginning a job. An I-9 is an Employment Eligibility Verification intended to verify that someone is legally entitled to work in the United States. Along with the I-9, documentation must be provided that proves both identity and employment eligibility. This can be done with many possible forms of identification; for non-citizens, the most common forms are a foreign passport with employment authorization or a Permanent Resident card (green card).

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 Posted on October 08, 2014 in Personal Injury

Driving Under the Influence (DUI) of alcohol is an offense that happens all too frequently. While no DUI infraction should be taken lightly, there are those that are arguably more serious than others. For example, cases that involve a first-time offense or a driver who is just past the legal limit are likely to be considered less serious than those cases that involve repeat offenders or extremely high blood alcohol levels. Perhaps the most disturbing are those cases where DUI-related car accidents occur that cause serious bodily injury or death to another person. One would expect such offenders to face not only significant criminal penalties, but civil consequences as well. However, a recent article suggests that the inconsistent enforcement of DUI laws by local officials may result in little criminal consequence to DUI offenders, and often puts the safety of other drivers at risk.

Contravening the Purpose of DUI Law

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 Posted on October 07, 2014 in Family Law

Marital strife, separation, and divorce can affect all types of families, and a study shows divorces within military families have been on the rise in the last few years. In fact, the study reflects high divorce rates among families that in the past have been found to be more stable. Length of deployment was considered a major factor in most of these military divorces. Post-traumatic stress disorder and other health issues were also cited factors.

The reasoning behind the increased divorce rate is linked to the continual withdrawal of troops from the conflict areas of Iraq and Afghanistan. Families who have been apart for many years are now being brought back together and is therefore creating an adjustment period and causing marital strife rather than marital unity.

The Divorce Rate Throughout the Military

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 Posted on October 03, 2014 in Immigration

Until very recently, non-citizens who were in the U.S. unlawfully and who wanted to become a Lawful Permanent Resident (LPR) could not apply to adjust status from within the country, even if the individual’s spouse and children were U.S. citizens. Applicants had to leave the country, allow a three or 10-year bar to take effect (depending on how long the applicant was in the United States unlawfully), and apply for an immigrant visa abroad, in addition to an I-601 Waiver of Inadmissibility for his or her unlawful presence. However, in March 2013, a new program was enacted to help non-citizens with immediate U.S. citizen relatives, which may significantly shorten the required time abroad.

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 Posted on October 01, 2014 in Personal Injury

Personal injury claims can arise from any number of accidents, including those involving cars, motorcycles, trucks, boats, trains, and even pedestrians. No matter how your injuries occurred, there are certain constants in every personal injury case. Of course, other considerations and factors are sure to vary on a case-by-case basis.

Those who have been injured in an accident often have many questions about the legal and practical considerations they must now face, as well as the time limits in which they must act. Sometimes, people even have misconceptions about personal injury cases, perhaps due to unrealistic and inaccurate expectations set by culture or society regarding such cases. Here, we try to dispel some of these misconceptions and set the record straight on some of what an injured person can expect throughout a personal injury case.

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 Posted on September 29, 2014 in Personal Injury

As states across the country follow a trend that leads to more relaxed marijuana laws and legalization of the drug for limited purposes, an interesting question has arisen. Some are wondering whether the change in marijuana's legal status will cause more people to die in crashes at the fault of drivers who are high on pot. Researchers seem to be divided on the issue.

The Studies

Researchers are attempting to determine whether there is a correlation between marijuana use and being involved in a car accident. More specifically, experts are trying to determine if marijuana use typically leads to car crashes and crash-related fatalities. Studies found that the effects of marijuana include slow decision-making, decreased peripheral vision, and an inability to multitask well, all of which prove to be useful, if not imperative, skills for driving a vehicle.

However, research has also found that drivers who are high on pot are more likely to be cognizant of the fact that they are impaired and proceed with caution while driving, generally unlike drunk drivers who do not compensate in such a way. Another concern then arises from the situation in which a driver is both drunk and high—the mixture of substances will most likely cancel out any cautious behavior and result in driving that is more impaired than would otherwise result from being under the influence of one of the substances alone.

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 Posted on September 24, 2014 in Immigration

Immigration and Customs Enforcement (ICE), an American federal law enforcement agency, largely deals with immigration-related issues within the United States. In fact, there is a common misconception that ICE deals with all immigration issues, although this is not entirely true. If you have questions about immigration law in the United States or about ICE in general, the following is meant to help you understand what ICE’s role is, and what it actually does.

What ICE Actually Does

The Border Patrol, a sister agency to ICE, actually maintains a website designed to answer that question. However, its language is somewhat difficult to parse. There are several subdivisions within ICE itself, the largest of which are Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO). They are responsible for myriad operations, according to the website.

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 Posted on September 24, 2014 in Family Law

In a past study, findings showed that married women who had a stronger educational background than their husbands would be more likely to experience divorce. The statistics were based largely on the gendered stereotypes, which in the past led to marital unrest where traditional gender roles were being tossed aside. However, a new study published in July 2014 suggests that the previous research may be the exception and not the rule.

The study suggests that due to the increase in the egalitarian nature of male and female relationships, educational disparities are no longer associated with a higher possibility of dissolution. The study also finds that couples who have similar educational backgrounds are now more likely to succeed then they were in the past. The numbers found in current demographics suggest that women serving as breadwinners and with the same educational background (or higher) than their spouses has become the new normal. A Pew Research Center study estimates that four out of 10 households has women as the chief moneymakers. Therefore, the question now asked is, what are the factors that lead to divorce these days?

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