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Salvi & Maher, L.L.C.

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IL accident lawyerMotorists driving on public roads have a legal “duty of care” to the people around them. This means that drivers have a legal obligation to follow traffic laws and drive in a reasonably prudent manner. Driving with “willful or wanton” disregard for others’ safety is considered reckless driving. If your family member was killed in a reckless driving accident, it is important to know your rights. You may be able to hold the driver civilly accountable for your loved one’s death in addition to any criminal consequences the driver faces.

Criminal Penalties for Reckless Driving That Results in a Person’s Death

Reckless drivers do not usually intend for anyone to be injured or killed. Nevertheless, driving at excessive speeds or with gross negligence can lead to criminal charges. In Illinois, a motorist who causes an accident that results in death may be charged with reckless homicide. This Class 3 felony is punishable by a jail sentence of up to five years. Criminal charges brought by the state against the reckless driver may get justice for your loved one, but criminal charges do not address the damages suffered by the surviving loved ones. In addition to criminal charges, you may also be able to bring a civil claim against the reckless driver.

You May Bring a Wrongful Death Claim Against the Driver

Whether the reckless driver faces criminal consequences for your loved one’s death or not, you may be able to bring a wrongful death claim against the driver. A wrongful death claim is a civil claim that is brought by a personal representative of the deceased person instead of the state. A wrongful death claim may benefit you and your family by:

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IL injury lawyerEveryone makes decisions that they later regret. For one woman, the choice to substitute Gorilla Glue Spray Adhesive for her usual hairspray is one decision that may stick with her for the rest of her life. In a video originally featured on the popular social media platform TikTok, the woman explained that the glue left her hair tightly affixed to her scalp for over a month. The viral video has created a good deal of controversy across the internet. Some say that the woman has no one to blame but herself for the sticky situation while others point to misleading labels and insufficient product warnings as the cause of the problem. Regardless of fault, the issue brings up important questions about product liability.

Product Manufacturers and Designers Owe a Legal Duty to Consumers

Product liability law deals with the legal obligations that product manufacturers, designers, and retailers have to consumers. Parties must ensure that their products do not contain defects that may put consumers at an unreasonable risk of injury. Product liability claims are typically brought under the legal theories of strict liability, negligence, or breach of warranty. An individual may have a valid product liability claim if a defective product caused him or her injury and the injury led to damages.

Product liability claims may be based on:

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OL malpractice lawyerAlmost every life has been touched by cancer in some way. Breast cancer, lung cancer, prostate cancer, colon cancer, lymphoma, and other types of cancer kill hundreds of thousands of Americans each year. Fortunately, advances in the diagnosis and treatment of cancer have reduced the number of people who die from the disease. The American Cancer Institute estimates that there will be 22.2 million cancer survivors by the year 2030. However, a cancer sufferer cannot start potentially life-saving treatment until he or she receives a diagnosis. When a medical professional fails to diagnose cancer, the victim or the victim’s surviving loved ones may bring a medical malpractice claim against the negligent medical professional.

When is a Medical Professional Considered Negligent?

Failure to diagnose cancer can lead to unnecessary suffering, massive medical debt, and even an avoidable patient death. If a doctor or other medical professional fails to diagnose cancer, this may be an example of medical negligence. The cancer sufferer or the surviving loved ones may bring a medical malpractice claim against the medical professional.

Medical malpractice occurs when:

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Posted on in Truck Accidents

IL truck accident lawyerIf you or a loved one were involved in a truck accident, a personal injury claim may allow you to recover financial compensation for your vehicle damage, medical bills, disability, pain and suffering, and other losses. However, it is not always easy to identify the party who is “liable” or legally responsible for a truck accident. Many people assume that the truck driver is automatically at-fault for a serious truck accident, however, the trucking company, a manufacturing company, or even a government entity such as a state may be liable for a truck accident.

Truck Accidents Caused By Truck Driver Negligence

A large percentage of truck accidents are caused by negligent driving. Distracted driving is a particular concern. Because of their massive size, commercial trucks take a long time to stop. If a truck driver is looking down at his or her radio, GPS, or cellphone when a stopped vehicle or other obstacle appears in front of him or her, the results can be catastrophic. Driving under the influence of drugs or alcohol is another issue that may lead to horrific truck accidents. Truck driver fatigue and violations of the Federal Motor Carrier Safety Administration’s (FMCSA) rules regarding rest breaks and drive time may also be the cause of a major truck accident.

Trucking Company Liability for Truck Accidents

In many truck accident cases, the fault for the accident lies with the trucking company. Some truck companies cut corners and hire drivers who are under-qualified to drive a commercial big rig. Other trucking companies fail to keep their trucks adequately maintained. Mistakes in the loading and securement of truck cargo may also be caused by trucking company negligence.

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IL injury lawyerDid you know that over 80 percent of homicides and 37 percent of assaults are committed by people under the influence of alcohol? Alcohol is thought to increase impulsive and aggressive behaviors because of the substance’s effect on the brain mechanisms that typically inhibit these behaviors. It is no surprise then that physical altercations are common in bars, restaurants, nightclubs, and other establishments that serve alcohol. If you or a loved one were injured in a bar fight or another physical altercation while in a commercial establishment, it is important to know your rights. You may be entitled to compensation for your pain and suffering, medical bills, and other damages.

Personal Injury Claims Involving Assault and Battery

Most victims of assault and battery know that the aggressor can face criminal charges for his or her violent conduct. Fewer realize that they may have the option of bringing a civil claim for damages in addition to the criminal charges. If somebody attacked you in a bar or other commercial establishment or you were injured by other patrons who were fighting each other, you may have several legal avenues for pursuing compensation for your damages. You may be able to bring a personal injury claim directly against the individual who hurt you. You may also be able to bring a premises liability claim against the establishment itself.

Premises Liability Claim for Lack of Security

Premises liability deals with the duties that property owners have to individuals visiting their properties. Bar and nightclub owners have a legal duty to maintain reasonably safe premises and prevent avoidable injuries. This includes implementing adequate security measures. If a property owner’s failure to maintain reasonably safe premises results in a patron’s injury or death, the property owner may be liable for damages. However, determining what constitutes “reasonably safe” is not easy. Typically, premises liability claims come down to the foreseeability of the injury. If a bar or nightclub has a known problem with customers becoming physically violent and the property owner does not take steps to increase security measures, the property owner may be considered negligent.

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