Posted on January 24, 2017 in Personal Injury

Tractor-trailers pose a huge threat to drivers of passenger cars. If they get into an accident, other cars are no match for such a heavy and large truck. Under trucking regulations, a truck can weigh up to 80,000 pounds. The average car weighs 4,000 pounds.

Because of this danger, trucks must follow additional federal and state regulations aimed at keeping trucks from getting into accidents. If you were injured in an accident involving an 18-wheeler, your case would be helped if it was determined that your accident was caused by the truck’s non-compliance with the regulations.

Consider the following trucking regulations that, if not followed, commonly lead to accidents.

1. Hours of Service Regulations

This set of rules governs how long a driver can drive. For example, a driver cannot drive for more than 60 hours in seven consecutive days or 70 hours in eight consecutive days. In addition, a trucker cannot be behind the wheel for more than 11 hours in a 14-hour on duty shift. After a 14-hour shift, a driver must go off duty for 10 consecutive hours.

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 Posted on January 24, 2017 in Immigration

While many immigrants make their way to the United States via their family connections, many choose to try and obtain a job in the country. In order to do so, however, they must obtain both a visa and a labor certification (and in some cases, a specific job offer, depending on the visa sought). A lot of misinformation circulates when discussing visas and supporting documents, however, so if you intend to take a temporary job in the U.S., or eventually adjust status to permanent residency, you need to know what is true and what is false.

Labor Condition Applications

Labor Condition Applications (LCAs) are requests filed by employers to the U.S. Department of Labor for permission to hire employees from abroad. They are usually filed for potential workers under H1-B visas, though on occasion they will be utilized for workers under other nonimmigrant classifications. It generally takes only a short time for an LCA to be approved, if all the relevant information is present —usually a week to 10 days.

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 Posted on January 17, 2017 in Personal Injury

If you were involved in an accident that made an existing injury or medical condition worse, you still may be able to receive compensation. These types of cases are more complex and typically require the services of a personal injury attorney. Courts and attorneys sometimes refer to this type of accident victim as an “eggshell plaintiff.”

The aggravation of an injury by an accident can be devastating. Before your accident, it is likely that this condition was well-managed and did not affect your day-to-day activities. When such conditions are aggravated, they often become much harder to manage. They also become much more expensive to treat.

Some clients do not know that the aggravation of an injury is not something for which they must be responsible. They think they have to pay for treatment themselves. This is not the case under Illinois law.

What Eggshell Plaintiffs Can Recover After an Accident

The person who caused your accident will be responsible for damages caused by negligent behavior. This includes any aggravation of a pre-existing condition or injury. The person who caused the accident is not responsible for treatment of your underlying injury. He or she is only responsible for the aggravated part.

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 Posted on January 17, 2017 in Immigration

In the aftermath of the recent election, Donald Trump has pledged to eliminate funding to what he calls sanctuary cities, alleging that they permit undocumented immigrants to hide within their borders, potentially hampering criminal investigations and allowing tragedies like the murder of Kate Steinle to happen. However, there are many myths being bruited about what exactly sanctuary cities do and refuse to do, some of which have been taken up by the incoming administration. It is imperative, especially if you or your loved ones are undocumented, to understand the actual role of sanctuary cities in U.S. immigration policy.

A Misunderstood Term

It is important to understand that ‘sanctuary city’ is not a legal term of art; it is a catch-all term used to describe any city that does not move in lockstep with federal immigration policy. Sanctuary cities have existed since the 1980s, stemming from the idea of churches granting sanctuary to criminals in the medieval era. However, the term itself has been corrupted over time, by users on both sides of the aisle. Most laymen use it nowadays to allege that certain cities refuse to surrender undocumented or criminal immigrants to federal authorities, but no state authority can defy federal immigration law. This idea is misguided—if a federal warrant or authority demands a certain person be arrested, a federal officer may not be prevented from detaining that person.

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 Posted on January 17, 2017 in Family Law

Unless you have have had a child abducted and taken over an international border, or have attempted to adopt a child from another country, it is unlikely that you have heard of the Hague Convention. Yet it is an organization that all families should be familiar with, especially if they are considering an international adoption, believe their child may be at risk for abduction in a child-related family law case, or are involved in a domestic violence situation. The following explains further, and provides key details on how a family law attorney can assist with your case involving children and international borders.

The Hague Convention in International Adoptions

If you are familiar with history, you have likely heard of baby factories - places where women are “bred” and then give birth to their babies, only to have them snatched away and sold overseas. Of course, you may also assume that these factories are just a black spot in history books. Sadly, this could not be further from the truth. Baby factories still exist. In fact, Nigeria and China have both been focal points for international agencies that combat child trafficking.

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 Posted on January 12, 2017 in Family Law

Divorce and other domestic matters, such as requests for parenting time and/or allocation of parental responsibilities for a child born to non-married couples, are emotionally charged and complex matters. As such, they are often difficult to navigate, even for those that wish to resolve matters amicably. Illinois family law courts understand this and have provisions in place to help families work through their domestic disputes. Learn more about guardians ad litem and other court-appointed mediators, including what they do and why you might need one, with help from the following information.

Guardians ad Litem

In family courts, guardians ad litem are appointed to protect the best interests of a child. They are often used when parents are unable to reach an agreement over the allocation of parental responsibilities and/or parenting time. They may also be used if there are concerns over neglect or abuse of the child. Much of what they do is investigation work - they examine the life of each parent, home, and support system. They often speak with the child and may even do surprise home inspections. They then present their information to the court so that the judge can make determination over the child’s placement.

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 Posted on January 10, 2017 in Personal Injury

Slips and falls are what lawyers call the types of cases involving an individual who falls and injures him or herself at another’s property. This type of accident can cause serious injury, and in many cases, the accident victim is not at fault. Rather, the property owner has created a dangerous condition in some manner and can be liable for paying for the victim’s medical bills and/or pain and suffering.

Common causes of conditions where property owners may be liable include:

• Failure to clean up spills or leaks;
• Failure to post signage on recently mopped floors;
• Failure to have proper railing; and
• Failure to have grip slips on stairs or ramps.

Whether you have a valid slip-and-fall case hinges on two questions:

1. What made you fall?
2. How did that object or situation appear?

What Made You Fall?

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 Posted on January 10, 2017 in Immigration

If you are a non-citizen in the United States, you must be extra careful to obey the law. If you wind up facing criminal charges, you can face not only criminal penalties, but you may also wind up in removal proceedings or unilaterally deemed deportable. Knowing the relationship between criminal law and immigration law may save you time and trouble, depending on the nature of your case.

Aggravated Felony

An aggravated felony used to mean a very specific couple of offenses, but the list has expanded over the years. At this point, it may be easier to define what is not an aggravated felony, rather than what is one. The general rule is that an aggravated felony is a criminal offense that involves dishonesty or fraud, but in reality, almost every crime under the sun can be an aggravated felony depending on the situation.

If you have been convicted of a crime, it does not need to be a felony for it to carry immigration consequences. Misdemeanors can be aggravated felonies under immigration law, because in that case the word ‘felony’ is used to illustrate that it is a serious offense. However, this word choice confuses many plaintiffs every day. Being convicted of an aggravated felony essentially bars you from claiming any type of immigration relief, though it should be noted that there are exceptions.

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 Posted on January 03, 2017 in Immigration

Deferred Action for Childhood Arrivals (DACA) is a program started in 2012 by the Obama administration. It applies to certain individuals who immigrated to the U.S. as children, and extends lawful status (not necessarily lawful presence) to those who meet the requirements. However, as of this writing, the program faces cancellation, as a new administration will take office in January 2017, and they have made mention of curtailing the amnesties or temporary assistance granted to undocumented immigrants.

The Program

DACA sets out a series of requirements that must be met in order for a person to be eligible for deferred action. The primary requirement is that the person requesting must have been between the ages of 15 and 31 on June 15, 2012 (the date that DACA was implemented), but there are some others. They include:

• Coming to the United States before the age of 16;
• Continuously residing in the U.S. since June 15, 2007;

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 Posted on January 03, 2017 in Personal Injury

Semi-trucks are a major threat on the road. These trucks can weigh up to 80,000 pounds. Passenger cars that are hit by trucks are no match for the size and weight of a semi-truck. Truck accidents can also cause serious injuries to those in passenger cars.

The four most common types of truck accidents include the following:

1. Rollover Accidents – These are the most common truck accidents and occur when a tractor-trailer rolls over or onto its side. This accident can happen when a truck is on a sharp curve and is going too fast. Rollover accidents also occur when a driver over corrects the steering wheel.
   
   A rollover accident could be caused by high wind and an empty truck container. When a rollover accident occurs, the cars driving nearby are at risk of being hit or at risk of running into the truck if it rolls over into another lane of traffic.

2. Rear-end Accidents – Trucks are especially prone to not being able to brake in time, and therefore run into stopped cars. Sometimes these accidents can be caused by a brake malfunction. Brake malfunctions can be a product of a faulty brake itself or improper maintenance or repair.
   
   Other times rear-end accidents are caused by driver error. Perhaps the driver was looking at a cellphone or was fatigued due to long hours behind the wheel.
   
   Trucks hauling a full load take 20-40 percent farther to stop than passenger cars. If the road is wet, the distance needed increases. This is one of the reasons why rear-end collisions involving semi-trucks happen so often.

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