Illinois Bill Labels Google Glass as Distracted Driving

Posted: April 11th, 2014

distracted driving, google glass, Illinois law, Illinois traffic laws, Illinois lawyer, attorney, personal injuryGoogle Glass may be hands-free technology, but Illinois legislatures still hope to ban the device from being used behind the wheel.

Though Google officials state that the device is far less distracting than cell phones or handheld devices behind the wheel, Illinois lawmakers believe that the device and others like it would present a distraction to drivers that could cause personal injury accidents on Illinois roadways.

Illinois SB2632 would amend the Illinois Vehicle Code to ban drivers from using any “mobile computing headset,” which the bill defines as any computing device that projects information into the wearer’s visual field through a head mounted display. There would be several exceptions to this rule, including:

  • Law enforcement and emergency vehicle operators who are performing their official job duties;
  • Drivers who are using the device to communicate with emergency personnel in the act of reporting an accident or other emergency situation;
  • Drivers who are pulled to the shoulder of the highway.

If approved, drivers who violate the law would be subjected to the same penalties as those who use hand-held cell phones. If pulled over for a violation, a distracted driver could be fined according to the following:

  • $75 for their first offense;
  • $100 for their second;
  • $125 for their third; and
  • $150 for each subsequent offense.

If involved in an accident that results in injury, disability, or disfigurement to another person the driver could be convicted of a Class A misdemeanor. If the accident results in death, however, the driver could be convicted of a Class 4 felony.

Operating a motor vehicle is a privilege, but it comes with responsibilities. Unfortunately, there are many drivers who do not take this responsibility as seriously as others.

If you or someone you know has been seriously injured or killed as the result of a distracted driver in Illinois, contact the experience attorneys at Noonan Perillo, LTD today. They can help ensure that you receive any compensation that you may be entitled to.

Author: | Filed under: Criminal Law, Distracted Driving, Lake County personal injury attorney, Lake County personal injury lawyer | Tags: , , , , , , , , , , , , | No Comments »

Liability in Illinois Dog Bite Cases

Posted: March 30th, 2014

dog bite, liability, Illinois, personal injury, lawyer, attorney,In 2012, research showed that Illinois was one of the top states in the US for dog bites.  The United States Post Office said that the city of Chicago was third highest city for dog attacks on postal workers. Also, the insurance company State Farm reported that 337 dog bite injury claims were filed in 2012, which resulted in over nine million dollars in payments. Homeowner’s insurance policies occasionally cover damages from dog bite injuries. But what happens when you are attacked by a dog in the street? Who pays for the physical and emotional damages in these cases?

In Illinois, dog owners are required to exercise due care when walking their dog. While keeping a dog on a leash is a good start, it does not stop a dog owner from being liable if their dog bites or attacks another person. Dog owners need to ensure that they are in total control of their pet. However, it is not necessary to prove that an owner was negligent in order to receive personal injury compensation.

Liability is determined by the circumstances about the incident regarding the animal and the injured party.  The Illinois Animal Control Act is the statute which sets the guidelines of liability. If the person who is injured did not provoke the animal, then the owner would be liable. Liability would also hinge on whether the injured party had a legal right to be where the attack happened. For example, a burglar or trespasser who was attacked by a dog would have no legal recourse to receive damages.

If you have been hurt by an animal, seek immediate medical attention, document your injuries and contact a legal professional. Get in touch with an experienced personal injury attorney in Lake County who can assist you in holding the negligent party accountable.

Author: | Filed under: Dog Bite, Lake County personal injury attorney, Liability Law, Personal Injury, Safety | Tags: , , , , , , , , , , , | No Comments »

How Social Media Could Hurt Your Personal Injury Case

Posted: March 23rd, 2014

social media, personal injury case, confidentiality, lawyer, attorney, IllinoisSociety and personal injury litigation are deeply interconnected. In today’s online society, it’s not surprising that many personal injury cases are being affected by popular social media platforms such as Facebook and Twitter. Unfortunately, many plaintiffs and defendants are finding out that social media can be as detrimental to their cases as it may be helpful.

 Take for example the recent case of Gulliver Sch., Inc. v Snay. Gulliver had agreed to pay the plaintiff a sum of $80,000 in a settlement agreement, on the grounds that the entire case, including the settlement remain confidential. Unfortunately for Mr. Snay, his college-age daughter later went on to make a post on Facebook regarding the settlement. The court considered the daughter’s post to be a breach of the confidentiality agreement, the state’s Court of Appeal concluded that the defendant was not obligated to pay the $80,000 settlement. Though the case took place in Florida, it has set a legal precedent that will likely be followed across the country.

Making posts private on social media sites may not guarantee that your posts stay confidential, either. In the 2010 personal injury lawsuit McMillen v. Hummingbird Speedway, Inc., the defendants were able to request access to McMillen’s Facebook username and password by contending that private areas of the site could contain evidence relevant to his damages claim against the track. The judge agreed, ruling that “no person choosing Myspace or Facebook as a communications forum could reasonably expect that his communications would remain confidential.”

If you are considering filing for a personal injury claim in Illinois, it is important that you have an experienced attorney to advise you of what can and cannot be discussed with friends and family, both on and away from social media. Contact the knowledgeable professionals at Noonan Perrillo, LTD. today. We look forward to helping to ensure you receive any funds you may be entitled to.

Author: | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer, Personal Injury, Social Media | Tags: , , , , , , , , , , | No Comments »

Nursing Home Negligence: Know the Signs

Posted: March 16th, 2014

nursing home negligence, nursing home abuse, Illinois personal injury, lawyer, attorney, Lake County personal injury When you place your loved one into a nursing home, you expect that they will be well taken care of. After all, nursing homes are staffed with trained professionals who are supposed to care for the people who are housed in their facility. Unfortunately this isn’t always the case. Elderly abuse and nursing home negligence does occur, and it is important to recognize the signs so that you can protect your loved ones.

According to the Illinois State Police, more than 100,000 elderly persons are housed in long-term care facilities in Illinois. Recent research conducted by the department suggests that more than 12,000 of those patients will be neglected or abused each year. In order to best protect your loved ones, it is important that you visit regularly and look for any of the following signs of neglect:

  • Fear of being alone with caregivers;
  • Dehydration or malnutrition not related to terminal illness or end-stage disease;
  • Lack of personal cleanliness;
  • Dirty or torn clothing;
  • Lack of dental care;
  • Fatigue;
  • The patient states they’re left alone for long periods.

In addition to the above signs, any sickness or injury that cannot be easily explained should also be reported.

Approximately 30 percent of all nursing facilities nationwide have been cited for instances of abuse, but many more are believed to go unreported.

In addition, financial abuse is often common. Check each bill carefully to be sure you are not being billed for services that have not been rendered, or that you are not being billed for several services that should be combined into a single billing.

Nursing home abuse and neglect is a serious crime in Illinois. If you suspect that your loved one has been neglected or abused, you may be eligible to file a lawsuit for damages.

Contact a qualified Illinois personal injury attorney today about your case; we can help ensure that your side is fairly represented in court and help you get the compensation you need to care for your loved one properly.

Author: | Filed under: Lake County personal injury attorney, Medical Care, Nursing Home Abuse, Nursing Home Negligence, Personal Injury | Tags: , , , , , | No Comments »

Protect Your Pet By Preventing Dog Bite Injuries

Posted: March 13th, 2014

dog bite injury, lawyer, attorney, personal injury, IllinoisHaving a pet can be an incredibly rewarding experience for you and your family. Owning a dog has been shown to have numerous health and psychological benefits, and most families report that dog ownership adds a measure of joy to their lives. Unfortunately, not every dog owner is careful with the family pet. A dog bite injury can be serious, leading to numerous medical expenses, or even lawsuits.

If you own a dog, it is important to note that Illinois state law holds you responsible if your animal bites another person. You may be required to pay a fine, medical expenses, or have your dog put down. Therefore, it is important to take measures to ensure that your dog will not bite anyone who enters or delivers to your home. The American Kennel Club offers several tips for how to keep your dog from biting people:

  • Properly socialize your dog from the minute you bring it home. Poorly socialized dogs may be loving at home, but be fearful of strangers and lash out;
  • Train your dog with commands such as “sit,” “stay,” “down,” “heel,” “drop it,” and “come”;
  • Never play aggressively with your pet (such as wrestling, “play fighting,” etc.). Even games such as tug-of-war could encourage inappropriate behavior from your dog. Instead, choose games such as fetch;
  • Put your dog in a separate room away from guests when having a party or social event in your home;
  • Always keep your dog behind a fence at home, or on a leash in public. Though electronic fences keep your dog in, it cannot keep people or other animals out.
  • Post notices that there is a dog on the property to let delivery drivers, etc. know there is an animal on the premises;
  • Keep your dog’s vaccinations up to date.

While most dog owners strive to be responsible and keep their dog from biting, things do happen. If you or someone you know has suffered a serious injury as the result of another dog owner’s negligence, the victim may be entitled to compensation, and the dog may have to be put down. Contact the experienced personal injury attorneys at Noonan Perillo Ltd today for a consultation on your case.

 

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When Workers’ Compensation is Not Enough: Second Medical Opinions

Posted: February 28th, 2014

second medical opinionYou have spent several months recuperating from a work-related accident. It has been rough physically, mentally and financially. You are healing, but cannot imagine returning to work at this stage of your recovery. So what happens when your employer’s workers’ compensation physician disagrees and releases you back to work?

You exercise your right to seek a second medical opinion. Currently the way states dictate medical services for workers’ compensation is split right down the middle. Fifty percent of states allow the employer’s insurance carrier to determine which physician will conduct the evaluation while the other 50 percent of states allow the employee to seek an independent medical examination, treatment and documentation with regard to any work-related injury.

In most cases, the request for a second medical opinion simultaneously protects both the employee and the employer. You as the employee want nothing more than to return to your position and your employer would benefit from a second medical opinion to ensure no further damage is inflicted if you are being forced back to work too quickly.

 Discuss your options with your employer. If the physician of choice has expertise in your type of injury, your employer should accept the fair and unbiased report, but if the employer does not know the physician, they may seek approval via their insurance claims adjustor. This may be where your problems escalate. You need to remember that the company’s insurance provider is signing your temporary disability checks. If your employer and the insurance provider choose to dismiss the second opinion and have declined further issuance of your temporary disability payments, it would be in your best interest to contact an experienced workers’ compensation attorney and move forward with filing a formal complaint.

For those residing in Illinois, the Illinois Workers’ Compensation Commission Handbook on Workers’ Compensation and Occupational Diseases cites that an attorney is not required to file a complaint but it is often the best line of defense so you can concentrate on what is most important, your recovery. Your injury and recovery are unique but your situation is common when it comes to employers and their insurance carriers either refusing to pay medical expenses or completely suspend temporary disability payments due to disagreements over your ability to return to work.

The experienced legal team of Noonan Perillo Ltd. will work vigorously to represent your interests. To discuss your circumstances, contact us to schedule your free consultation today.

Author: | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer, Medical Care, Personal Injury, Workers Compensation | Tags: , , , , , | No Comments »

Illinois Cracks Down on Police Taser Use

Posted: February 22nd, 2014

 police taserThis year, Illinois has instituted a new public act designed to lessen personal injuries in police taser incidents. The Law Enforcement Officer Stun Gun and Taser Use Reporting Act took effect on January 1, 2014 and will remain in effect until December 31, 2018.

This act requires all law enforcement officers to record information concerning incidents and persons who have been subdued by the use of a taser. All local and state law enforcement agencies must then compile all of the recorded data on a standardized form. This information will then be analyzed by the Illinois Criminal Justice Information Authority. The findings of this analysis will then be delivered to the Illinois Governor, General Assembly, and individual law enforcement agencies no later than July 1 of each year the act is in effect.

In addition to creating these new procedures, the act also amends the Illinois Police Training Act to require all law enforcement officers to receive training on the use of electronic control devices. This training will include information not only on the physiological effects of the use of these devices on humans, but of its psychological effects as well.

Random inspections will also be carried out by the Illinois Law Enforcement Training Standards Board of police departments, units of local government, and university police departments to ensure appropriate training has been given to all officers regarding electronic control device use.

The Board will then compile the information it has gathered from random inspections and analyze the results. Based on this analysis, the Board will recommend additional legislation concerning the use of tasers and other electronic control devices by law enforcement officers, and training in their use.

Although these new laws went into effect this year, civilians have and will suffer injuries due to taser guns. you or someone you know has suffered a serious injury due to law enforcement use of an electronic control device, or if you feel you have been the victim of police misconduct you need a qualified attorney on your side. Contact the office of Noonan Perillo Ltd today. They have experience dealing in police misconduct cases and can help advise you on your case.

Author: | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer | Tags: , , , , , , , | No Comments »

Number of Traffic Fatalities Involving the Trucking Industry on the Rise

Posted: February 14th, 2014

semi truck crash IMAGE Sadly the Lake County News-Sun (Waukegan, IL), recently reported on the January 17, 2014 death of two Northeastern Illinois University (NEIU) students traveling to an Omega Delta Phi fraternity leadership conference in Tucson, Arizona.

The five fraternity brothers were traveling southwest on U.S. Highway 54 in Dallam County, Texas when their vehicle veered northwest and immediately impacted with a Freightliner 18-wheeler. Two students tragically died on impact while three passengers were taken to a Northwest Texas hospital reportedly in good condition. The truck’s driver and passenger were also taken to a local hospital and later released.

For all involved this is a painful ending to the lives of two young adults, but statistically accidents with these 10,000 plus pound masters of the open road remain on the upswing.

According to the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), the number of passenger vehicle crash fatalities has been on the decline since 2011 but for the trucking industry, the numbers have been steadily increasing.

The NHTSA, who has been collecting data on both passenger vehicle and semi truck crash statistics since 1949, reports that fatalities resulting from accidents with these mammoth trucks has increased 20 percent over the past few years. Unfortunately, they believe the numbers will only continue to grow as the trucking industry works to satisfy our nation’s supply and demand economy.

There is little doubt that an investigation is underway into the death of the two NEIU students as fatalities involving truck crashes remains a high priority for the federal agencies responsible for implementing new regulations on the nation’s trucking industry.

Although the investigation may not be able to determine every contributing factor leading up to the fatal NEIU student’s accident, there are the following concerns when it comes to the trucking industry and the high number of over-the-road accidents and related fatalities:

  • Increase in truck traffic across the nation,
  • Increase and variance of speed limits throughout the U.S.,
  • Trucks are not bound by compliance to crashworthiness standards,
  • Driver distraction, fatigue or human error.

Sadly, both NEIU students will be forever remembered by their families and fellow students.

For all who may have experienced the tragic and premature loss of a family member, the U.S. Department of Transportation (DOT) remains diligent in reviewing all data as it imposes new regulations on the trucking industry to assist with decreasing the number of catastrophic accidents.

Hopefully these efforts will not only improve the track record for the trucking industry, but ensure the safety of our nation’s truckers and all of us who share the road.

If you have been injured or experienced the loss of a family member due to a semi truck crash, the legal team at Noonan Perillo Ltd. is here to help. Our personal injury lawyers are knowledgeable of the complexities, dynamics and the laws and regulations applicable to interstate truck operators. Contact our Lake County office for your free consultation today.

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High School Student Awarded Large Sum in Personal Injury Case

Posted: February 7th, 2014

bicycle crash IMAGEOn January 16, a jury awarded an Edwardsville High School Student $910,000 after he suffered a serious personal injury while riding his bike past a construction site.

According to The Telegraph, Trevor Brady was riding his bike on St. Louis Street in Ewardsville when he rounded a corner and hit a misplaced steel reinforcing beam at a construction site. Brady suffered serious injuries as a result of the crash and was rushed by ambulance to Anderson Hospital in Maryville. He was then later airlifted to Cardinal Glennon Hospital in St. Louis.

Brady required surgery to his mouth, face and nasal cavity, as well as dental reconstruction due to the severity of his injuries. He was also placed on bed rest at home for a period of two weeks, and was required to undergo speech therapy due to the fact that his teeth were misaligned after his accident. A year after the accident he underwent plastic surgery to remove a scar on his face also caused by the accident.

The lawsuit named Plocher Construction Co., which was building a new office building in the area at the time as a defendant. The company admitted responsibility for the misplaced beam. Prosecutors requested damages of $3.3 million, while Plocher’s attorney David Simkins, suggested damages of $250,000. The jury in the case awarded Brady a total of $910,000; $725,000 awarded to Trevor for his medical expenses as well as pain and suffering, and $185,000 to Trevor Brady’s parents for their emotional pain and time spent caring for him.

In general, construction companies try to be careful about where their materials are placed, ensuring that those in the community remain safe. Unfortunately, however, there are times when companies do become negligent, and accidents can happen. If you or someone you know has suffered a personal injury as the result of company negligence at a construction site, contact a qualified Illinois personal injury attorney today. We will review your case and help you get any compensation you may be entitled to.

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How is Fault Determined in a Car Accident?

Posted: January 29th, 2014

Being involved in a car accident can be frustrating.  Even a fender bender can make you late to work or other important events. More serious crashes can cause emotional trauma and physical injuries that can have long lasting effects on your health and your wallet. Having to miss work and pay hospital bills because of an accident can be frustrating, more so if it was not your fault.

determining dfault in a car accident IMAGEFiling a personal injury lawsuit can allow you to receive compensation for the injuries you have suffered if you can prove the other party is at fault. That means that they were either reckless or negligent in their actions.  A driver is reckless when they make a conscious decision to disregard the safety of pedestrians and other drivers. Negligence on the other hand is a mistake that the driver committed which put others at risk.

Proving that a driver acted without reasonable care is only part of a proving fault in a personal injury case. It is also necessary to prove that the negligent or reckless driving was the cause of the injuries. If you can prove both then you may be able to receive compensation for your injuries.

There is certain evidence that you can use to strengthen your case. One way is to review the police report to see if blame was assigned or if tickets were issued. It is also useful to review the traffic laws of Illinois for statutes that pertain to your accident such as speeding, right of way, and roadway markings. Traffic crimes such as drunk driving, running red lights and driving on the wrong side of the road are examples of traffic violations that can show negligence or recklessness.

If you have been involved in a car accident, then it is essential to seek the support of a professional. Since it was not your fault, you should not have to pay. Contact an experienced personal injury attorney in Lake County today.

Author: | Filed under: Car Accident, Criminal Law, Drunk Driving, Lake County personal injury lawyer, Personal Injury, Safety, Wrongful Death | Tags: , , , , , , , | No Comments »