Posted on October 23, 2018 in Personal Injury

Traveling in a car or other motor vehicle always includes the risk of being in a car accident, but if drivers use care to operate their vehicles responsibly, this risk is relatively small. Unfortunately, not all drivers appreciate the need to act reasonably, and some even engage in reckless driving, which puts everyone in the vicinity in danger of being injured. Traveling at high speeds, weaving erratically in and out of traffic, and ignoring traffic signals are all examples of behavior that could be reckless. If another driver or passenger is injured because of a person’s reckless behavior, he/she will likely face legal liability for the harm caused.

The accidents that result from reckless driving are some of the worst on the road, and can greatly alter the lives of the victims. A man in Elkville was recently arrested for reckless driving near local schools, following multiple instances of erratic driving, including speeding past school buses unloading children. While, thankfully, no one was hurt, this situation illustrates how serious reckless driving can be, and shows that it can implicate not only liability for a personal injury but also criminal consequences if egregious. A discussion of what it means to engage in reckless driving, and the potential liability these drivers face if an accident occurs that results in injury, will follow below.

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 Posted on October 18, 2018 in Family Law

Guardianship is a legal process that gives one person legal authority over another. The most common use for guardianship is a family member or close friend of a child’s parents becoming guardian over a child or other family member. However, that is not the only use for guardianship. It is also used for disabled adults who can no longer take care of themselves due to mental and/or physical incapacitation.

Types of Guardianship

The role of a guardian depends on the disabled person:

• Personal guardians will make decisions relating to medical needs, residential placement, and other needs.
• Estate guardians will make decisions on the funds and assets of the incapacitated individual.

There are also divisions for the amount of freedom given to the guardian. The court reviews the decision-making capabilities of the disabled person and makes a decision to appoint the guardian as one of these types:

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 Posted on October 17, 2018 in Immigration

Most of the immigrants in the United States do work, including some who are present without inspection, and sometimes it can be a bit of a balancing act between immigration law and employment anti-discrimination provisions for employers. Conversely, an employer may try too hard to abide by immigration regulations and comply with E-Verify regulations, and wind up breaching an employee’s rights. Having at least a basic understanding of the whole picture can help clarify matters for you so that you can take appropriate measures if you feel your rights have been infringed.

What Is E-Verify?

E-Verify is a program instituted in 1996 that allows businesses to test whether their workers are in valid immigration status upon hiring (it is not permitted by law to test workers after their hiring date). The program compares the data from an employee’s I-9 form, the Employment Eligibility Verification Form, to the national database. If the information matches, the employee is deemed eligible to work. If not, the employer will be alerted and the employee will either have to sort out the error, or they will be treated as having committed an immigration violation.

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 Posted on October 16, 2018 in Personal Injury

Getting behind the wheel of a car is inherently risky, but when someone chooses to drive drunk, the danger is exponentially increased. Car accidents happen every day, and sometimes people are hurt, but accidents involving drunk drivers tend to be much more serious because intoxicated drivers tend to drive quite erratically and can unknowingly cross over into oncoming traffic, or enter a highway from the wrong direction. The resulting injuries can be devastating, and force the victim to incur high medical bills and months or years of lost wages trying to recover. In some cases, the victims do not survive, and the need for compensation by the family is even greater.

As an example, a Waukegan woman was charged with DUI and aggravated DUI causing death when she ran a red light and killed a married couple in the ensuing crash. The woman was found to be intoxicated at more than twice the legal limit. However, criminal culpability for driving while intoxicated does not automatically equal civil liability for car accident injuries. Fault must still be proven, and in drunk driving cases it is important to look at the responsibility of both the driver and the establishment who served the alcohol, as both could be liable for accident injuries. A discussion of how drunk driving impacts a car accident personal injury case, will follow below.

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 Posted on October 12, 2018 in Family Law

There were over 2 million marriages across the United States in 2016. There were also over 800,000 divorces in 2016. Divorces happen all across the country for a variety of different reasons. Each couple has their own issues, which may lead to one person feeling the need to file for divorce. Overwhelmingly, the woman in the relationship is the one who files for divorce. In a study done by sociologist Michael Rosenfeld at Stanford University, it was found that 69% of divorces were initiated by women.

Reasons

Why would women be the first to file for divorce in so many cases? Some of the possible reasons are listed below:

• Women may be more attuned to relationship difficulties. If a woman feels there is a problem with a relationship that a man does not notice, they would be more likely to file for divorce. Even if a man does know there is an issue, he may have a different opinion about how much of an issue it is, which can lead to the woman feeling the issue will never be fixed.

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 Posted on October 12, 2018 in Family Law

Marriage is a partnership between two people who have pledged to share their lives together. Unfortunately, marriages do sometimes end in divorce and those two individuals separate. However, divorce does not have to be the end of a person’s dating life. If you have previously been divorced and are now considering marriage again, there are some important factors to consider before making the decision to remarry.

Family

You have to think about what your feelings are regarding family and the responsibilities that come with it. If you have a child or if your possible spouse has a child, you need to consider how they will be affected by your new marriage and if you want to be part of each other’s family.

Attraction

It is important to be attracted to your partner. Attraction is more than just physical attraction, it is mental and emotional as well. If you enjoy your partner’s personality, share their interests, and want to be around them it will help your new marriage.

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 Posted on October 10, 2018 in Immigration

Sometimes, someone seeking a way to stay in the U.S. may have nothing tangible to rely on. They may not qualify for Deferred Action for Childhood Arrivals (DACA) or have a valid asylum claim, and they cannot adjust status because of a criminal record or because they arrived in the country as an undocumented immigrant. In these types of situations, especially if you are in removal proceedings, the best option that may be available is called cancellation of removal. It will not work for everyone, but it may be a possible method by which you or a loved one can remain in the United States.

Mostly For LPRs

Cancellation of removal is a form of deportation relief that is almost entirely discretionary, meaning that the immigration judge in charge of your case can choose whether or not to exercise it. This is markedly different from other methods of relief, which are usually codified in the law - for example, the Violence Against Women Act (VAWA) explicitly contains language allowing some abuse victims to adjust status to that of a green card holder if they can prove certain facts about their mistreatment. Cancellation of removal is sometimes called prosecutorial discretion, even though it is most often judges (not prosecutors) who are able to use it.

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 Posted on October 09, 2018 in Personal Injury

Driving a commercial truck is a skill that is attained through proper training and experience. The size and delayed responsiveness, compared to the average passenger vehicle, make operating these trucks an endeavor that creates a heightened chance of a serious accident. Trucking accidents are more likely to produce severe injury and death due to the extent of the damage sustained by the other vehicle. Regulators, understanding this risk, have strict rules about the licensure of operators, necessary training and trip standards, as well as load restrictions and other various requirements, all in an effort to reduce the occurrence of accidents.

Because of the risk these vehicles pose to the life and health of others on the road in the event of an accident, one area of truck operation that is of particular focus by regulators is the amount of hours a driver may be on the road before a substantial break is required (currently, 11 hours). Drivers are required to log their hours to ensure compliance. However, the delivery schedules imposed on many drivers make complying with this rule practically impossible, leading some to drive while extremely fatigued, and later falsify log books to avoid violations that can put their license at risk for suspension or revocation.

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 Posted on October 04, 2018 in Immigration

While the current administration seems to be a never-ending Pandora’s box of nightmares for immigrants both documented and undocumented, one question that often comes up for those choosing to become U.S. citizens is whether or not newly gained naturalized citizenship can be lost. The answer is yes, but only in very specific situations - or at least, this was the case until the current administration came to power.

Voluntary Loss of Citizenship

It is possible for any U.S. citizen to voluntarily declare they no longer want their citizenship. This is called renunciation, and it effectively gives up all rights and privileges associated with being a U.S. citizen, including the right to live in the country without requiring a visa. It must be done in front of a U.S. consular officer or other official at an embassy abroad, and it must be stated clearly that the oath to renounce is being sworn with the full intent of giving up citizenship - if it is not, it has no legal effect.

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 Posted on October 02, 2018 in Personal Injury

Dog bites are somewhat rare. Nevertheless, owners bear a large responsibility to keep their animals from harming other people and can be held legally liable for injuries that result from an animal attack.

Illinois law is stringent about holding owners liable for the actions of their animals. This approach is in place to protect members of the public that have no reason to anticipate an animal attack, as well as to ensure owners take proper precautions to keep their animal from posing a danger. This responsibility is increased if animal control determines the dog should be labeled as “dangerous,” a designation assigned following an attack or threatening behavior.

The standards for labeling a dog as dangerous are set at the local level and the city of La Salle proposed expanding its dangerous dog ordinance to include attacks against other dogs, and not just people, as a qualifying event. The potential physical injury and emotional trauma these attacks can provoke are behind the strength of these ordinances, and victims of dog bites need to understand what their options are when these incidents occur. A look at the owner’s general liability for a dog bite, and what happens when an animal is declared dangerous, will follow below.

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