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Illinois And Missouri Injury Blog

Can I recover compensation if I am also at fault in my crash?

Saying someone is "at fault" for causing a car accident might be easy to do in normal circumstances, but when it comes to allocating fault in a lawsuit surrounding a car accident, the term has serious legal consequences. If fault is proven, then the reckless driver becomes responsible for financially compensating the accident victim for the damages suffered.

In Illinois, fault could refer to any action or omission that is negligent or reckless that is a proximate cause of bodily damage, property damage or death. When it comes to car accidents, Illinois is a modified contributory fault state. Contributory fault means any fault of the accident victim that contributed to injury or damage for which compensation is being sought in the personal injury lawsuit.

How safe are grade crossings?

When drivers approach railroad crossings, they react depending on the type of signals at the time. For example, if the red lights are flashing, signaling that a train is arriving soon, then drivers come to a stop a certain distance from the tracks. At some places, a gate is added to tracks. The gates lower before the train is scheduled to arrive and arise when it is safe for cars to pass through again. These indicators ensure railroad crossings are safe for both the trains and vehicles. Unfortunately, they are not present at all of the 128,000 public railroad crossings in the country-only about a third of them have gates and flashing lights.

Illinois has more than 7,600 grade crossings, which is a crossing where the roadway and the rail intersect at street level. This includes 300 with crossing lights that are connected with traffic lights at adjacent highway intersections. It's one of the few states trying to integrate technology into the system to create safer crossings. The sensors are embedded near the crossing and send a signal to a nearby traffic control box that a vehicle is on the tracks. The control box then synchronizes flashing lights and traffic signals to keep the track clear. Only then does the gate close.

Seeing a new doctor? Things to know about medical malpractice

Like most Illinois residents, at some point in your life, you may have need of medical care. Whether it is making regularly scheduled well visits to your local doctor's office or undergoing surgery for a particular injury or condition, it is highly unlikely you'd go a whole lifetime without ever seeing a doctor. Nowadays, people are often worried about medical malpractice, and for good reason.

In worst cases, fatalities occur when negligent doctors fail in their fiduciary duties toward their patients. There are thousands of other cases throughout the state and nation as well that, thankfully, do not involve patient deaths but do involve moderate to severe injuries that were entirely preventable. It's understandable you'd be concerned about such issues if you find yourself in need of medical treatment. Arming yourself with information may help you avoid bad outcomes. It's also good to know where to seek support if a problem arises.

The link between personal injury lawsuits and depositions

When a car accident is caused by someone else's negligence, one way by which accident victims may address the financial burden associated with it is by pursuing a personal injury lawsuit against the negligent party. However, to be successful in such a trial, preparation is crucial and having as much information as possible is one way to be ready for court.

Illinois residents may not be aware that one way to gather information before a trial is by conducting depositions. A deposition is out-of-court testimony that is given under oath by parties involved in the trial. The parties themselves administer the process and the only ones present are those who are being deposed, attorneys and a person who can administer oath. All parties can question the witness during a deposition and the ability to object to questions is limited.

Can a trucking company be legally liable in a truck accident?

Catastrophic injuries that result from another driver's negligence can wreak havoc in an accident victim's life. Not only does it place a huge emotional and physical burden on a person, but also a financial burden as medical bills pile up. One way accident victims can try to cover the financial burden associated with their crash is by filing a personal injury claim against the negligent driver, But, what happens when the other party is a truck driver who does not have the means to make their own ends meet, much less deal with a lawsuit?

The doctrine of "respondent superior" may be one way to get compensation from another party who was indirectly responsible for the truck accident. The trucking industry is the one who places the pressure on the truck driver to drive faster and work longer, causing them to become tired and distracted on the road. Therefore, the trucking company may be found legally liable for injuries that result from the negligent acts of their employees if they were conducted during the course of their employment.

Should I pursue a personal injury or workers' comp claim?

When someone in Illinois is injured through no fault of their own, there are various ways they can hold the wrongdoer responsible for causing the injury. However, it is important to know which avenue to pursue depending on the location at which the injury took place and the events that led up to the injury.

If someone is injured in an accident involving a car, truck, or motorcycle, they often end up pursuing a personal injury lawsuit. Fault has to be established in such cases-this means it has to be shown that the person who caused the accident was actually legally at fault. Once fault is established, it might be possible to recover compensation for lost wages, pain and suffering and medical expenses.

What are the different stages of a medical malpractice case?

Our readers in Illinois probably know that medical malpractice claims are some of the most difficult cases to pursue. These cases oftentimes involve highly complicated fact patterns and technical medical terms, which can make it hard non-medical professionals to understand what, in fact, occurred in the case. In order to attempt to be successful in these types of claims, Illinois residents need to know the various stages in these cases.

So, what are the different stages of a medical malpractice case? Well, for starters, in the aftermath of an alleged instance of medical malpractice, the potential claim will need to be thoroughly investigated to attempt to make sure that it is a valid claim. The victim will usually consult a lawyer who is well-versed in medical malpractice law, who will evaluate the available evidence, the potential evidence and whether or not any compensable damages may be pursued.

Truck driver causes chain reaction accident in Illinois

Our readers in Illinois know the potential dangers when it comes to accidents caused by large semi-trucks. As a state with several interstates running through it that are critical for commerce and the transportation of goods across the country, Illinois sees its fair share of devastating truck accidents. It appears that yet another accident occurred recently on Interstate 80.

According to recent reports, a driver in a semi-truck was approaching a construction area on that interstate when he reportedly did not slow down his vehicle appropriately. The result: the semi-truck slammed into the rear of the vehicle in front of the truck, which then set off a chain reaction of collisions to the vehicles in front of both vehicles. The reports indicate that a total of six vehicles in all were involved in the multi-car crash.

What to expect from your workers' compensation claim

A work accident can leave an Illinois employee facing serious injuries, unexpected costs and other issues that can make the road to recovery difficult. If you were hurt at work or you are suffering from the effects of a work-related illness, you have certain legal options available to you. This includes the right to file a workers' compensation claim.

In the aftermath of a workplace accident, it is beneficial to take steps to protect your rights and interests. One thing you can do is to educate yourself regarding your rights and how you can seek a full and fair recovery through a carefully prepared workers' compensation claim.

The most common causes of construction and industrial accidents

Illinois residents who are employed in the construction and industrial fields probably know that they might be at risk for suffering an on-the-job injury on any given day at work. However, knowing this, most workers take every safety precaution they can to avoid suffering an injury or becoming ill on the job.

Still, accidents can and do often happen. There are some particularly common causes of construction and industrial accidents that our readers in Illinois should know about.

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