325 Washington St., Suite 302, Waukegan, IL 60085
Search
Salvi & Maher, L.L.C.

Call Us847-662-3303

Facebook Twitter LinkedIn Youtube

Hablamos Español

IL injury lawyerDriving a truck can be a grueling occupation. Truck drivers must spend long periods of time behind the wheel and away from their loved ones. Sleep deprivation and drowsy driving are major concerns in the trucking industry. The Centers for Disease Control and Prevention (CDC) reports that drivers who do not get enough rest are less attentive to their surroundings, slower to react, and have greater difficulty making decisions.

In order to reduce the frequency of truck accidents and bus accidents caused by fatigued drivers, the Federal Motor Carrier Safety Administration (FMCSA) has instituted rules that limit the number of hours truck drivers and bus drivers can drive consecutively. Modifications to these regulations go into effect on September 29, 2020.

Changes to Rules Regulating Commercial Driver Rest Breaks

The FMCSA states the changes to the Hours of Service rules are intended to provide drivers with greater flexibility without sacrificing safety. Modifications to the Hours of Service Rules include:

...

IL injury lawyerPersonal injury claims are used to pursue compensation for a person who has been injured due to the wrongful or negligent actions of another party. The other party may be an individual or it may be an organization such as a manufacturing company or business. The term “damages” is used to describe the harm for which a personal injury plaintiff receives compensation. In some cases, additional compensation called “punitive damages” is awarded.

Reckless Indifference to a Risk of Harm

Typical damages in a personal injury claim include medical expenses, lost income, reduced future earning capacity, and pain and suffering. Punitive damages are above and beyond compensatory damages and are intended to punish the at-fault party for behavior that is especially reprehensible. Illinois law states that a plaintiff may be awarded punitive damages if he or she can prove that the defendant’s actions were with “evil motive” or reckless disregard for the safety of others. Punitive damages are referred to as “exemplary” damages because they are designed to “make an example” out of the defendant and discourage other parties from acting similarly.

Obtaining Punitive Damages in an Injury Claim

Punitive damages are not recoverable under the Illinois Wrongful Death Act or in medical malpractice cases. However, punitive damages may be available in cases involving product liability, car accidents, premises liability such as “slip and fall” injuries, and other types of injuries. In order to obtain punitive damages, your attorney will need to show “clear and convincing” evidence that proves the egregiousness of the defendant’s actions. The court will consider factors including the duration and frequency of the plaintiff’s misconduct, the type of harm suffered by the plaintiff, whether the defendant attempted to conceal the reckless or dangerous behavior, and the overall facts of the case. In Illinois, the amount of money that may be awarded in the form of punitive damages cannot exceed three times the amount of compensation awarded for economic damages.

...

IL accident lawyerIf you were hurt by the actions or negligent inaction of another party, you may be left with significant financial losses and painful, long-lasting injuries. Ideally, the responsible party and/or insurance company would reimburse you for these expenses, however, getting full compensation through these means is often next to impossible. Insurance companies typically try to settle for less than the injured person’s damages are actually worth and may disregard non-financial damages like pain and suffering. In many cases, bringing a personal injury claim against the at-fault party is the best way to recover compensation after a slip and fall accident, car accident, or other injury-causing incident. If you are interested in pursuing a personal injury claim, you may wonder exactly how a personal injury lawyer will benefit your case.

Hiring a Personal Injury Attorney Increases Your Chances of Success

There are many different reasons that retaining a skilled personal injury attorney will improve your chances of successfully recovering compensation. Your personal injury attorney will help you:

  • Determine the Liable Parties: In many cases, determining which party is liable for an accident is not as straightforward as you may assume. For example, the party legally responsible for a truck accident may be the truck driver, the trucking company, the company that manufactured a faulty truck part, or several other parties. The party liable for a medical mistake could be the doctor himself or herself, the hospital or medical facility, or the manufacturer of a defective medical device.
  • Gather Evidence to Support Your Claim: To win a personal injury lawsuit, you will need to prove that the other party’s negligence or wrongdoing caused your injuries and that you suffered damages as a result. Your attorney will help you gather evidence such as photographs, surveillance camera footage, maintenance records, event data recorder files, and medical records and use this evidence to create a strong argument against the defendant. He or she will also gather testimony from those who were witnesses to the accident as well as expert testimony from medical experts, accident reconstructionists, and other professionals.
  • Reach a Settlement That Covers Your Full Damages: Without an attorney advocating on your behalf, you may settle for significantly less compensation than you are entitled to. For example, you may recover compensation for your past medical bills but not the expensive physical therapy and prescription medication you will continue to need long after the case is over. Your attorney will help you negotiate a settlement that gets you the full financial recovery you need and deserve.
  • Present Your Case During Litigation: If a settlement cannot be reached through negotiations, your case may go to trial. Your attorney will represent you and your best interests thought these legal proceedings. He or she will stand by your side so that you do not have to face this intimidating and confusing process on your own.

Contact a Waukegan Personal Injury Lawyer

The accomplished Lake County personal injury attorneys at Salvi & Maher, L.L.C. have more than 85 years of collective legal experience. We have helped countless clients successfully recover compensation for a wide range of injuries. To schedule a free, no-obligation consultation to learn more about how we can help you, call our office today at 847-662-3303.

...

IL accident lawyerAirbnb is an online marketplace allowing guests to temporarily rent the homes and apartments of other individuals. Unlike a traditional bed and breakfast in which the host provides meals and housekeeping services, Airbnb hosts may never even meet the guests in person. Many people have positive experiences renting Airbnb homes during their vacation, but others find themselves staying in unsafe, unsanitary, and unwelcoming dwellings. If you or a loved one were injured while staying in an Airbnb, you may be entitled to compensation through a premises liability claim.

Airbnb Owners Have a Legal Duty to Prevent Foreseeable Injuries

According to the Illinois Premises Liability Act, property owners and managers have a legal obligation to ensure that their property is free of unreasonable hazards that present a risk of injury to lawful visitors. Individuals renting living spaces through Airbnb are also subject to premises liability laws. Although an Airbnb owner or operator may not be able to prevent injuries stemming from the guests’ own actions, he or she does have a duty to prevent injuries caused by unsafe conditions on the property. The owner or operator should ensure that the property is well-maintained, clean, and secure. Examples of Airbnb injuries that may lead to premises liability claims include:

  • Slip and Fall Accidents: Damaged staircases, broken handrails, slippery surfaces, poor lighting, loose flooring, and other environmental hazards may cause a guest to slip, trip, or fall and become seriously injured.
  • Infections Caused by Poor Sanitation: An Airbnb should be properly cleaned – not only for the guests’ comfort, but also to prevent the spread of disease. If a guest experiences a bacterial, viral, or fungal infection due to unsanitary conditions in the home, he or she may have a valid personal injury claim.
  • Bedbugs: Bed bugs are small insects that feed on the blood of animals and humans. They often hide in mattresses and other furniture. If an Airbnb owner knew or should have known about a bed bug infestation, he or she may be liable for injuries and property damages caused by the insects.
  • Intentional Violence: Sadly, some Airbnb guests have been the victims of sexual assault and other acts of violence. Victims may be entitled to compensation for medical expenses, lost income, pain and suffering, and more.

Contact a Lake County Airbnb Injury Lawyer

If you or a loved one were hurt while staying in an Airbnb, contact the talented Waukegan premises liability attorneys at Salvi & Maher, L.L.C. to discuss your legal options. Call us today at 847-662-3303 and schedule your free, no-obligation consultation. We take personal injury cases on a contingency fee basis which means that you only pay a fee if we obtain financial compensation for you.

...

IL accident lawyerIf you are like most adults, you probably do not get as much sleep as you wish you did. Whether it is a crying infant, noisy neighbor, early morning work meeting, or other factors, getting the recommended 7-9 hours of sleep a night can be a challenge. However, being sleep deprived can significantly lower concentration, attention, reaction time, and cognitive functioning. Because these are the exact skills needed to drive, sleep deprivation dramatically reduces a person’s ability to safely operate a vehicle. The problem is so bad that one in five fatal car accidents are thought to involve a fatigued driver.

The Effect of Sleep Deprivation on Driving Ability

By now, most people have heard about the dangers of driving under the influence of alcohol or drugs and distracted driving. However, little attention is given to the hidden risks of fatigued driving. According to a study conducted by AAA, drivers who get one to two hours less than the recommended amount of sleep at night are twice as likely to be involved in a car accident. Divers who get three to four hours less than the recommended amount of sleep are four times more likely to be involved in a car crash. If a driver sleeps for less than 4 hours during a 24 hours period, he or she is an astounding 11.5 times likelier to be in a collision. The level of impairment caused by severe sleep deprivation is comparable to being over the legal blood alcohol (BAC) limit.

Personal Injury Claims Involving Accidents Caused by Drowsy Driving

Getting behind the wheel when you are too sleepy to drive safely puts yourself and other motorists, passengers, and pedestrians in danger. If you or a loved one were hurt in a car accident or truck accident caused by a sleep-deprived driver, you know just how dangerous drowsy driving can be. You or your loved one may have suffered severe injuries that required extensive medical treatment and time off of work. The financial losses incurred in the accident may have left you or your loved one nearly bankrupt. One option that may enable you to recover compensation for these and other damages is a car accident injury claim. Speak to an experienced personal injury lawyer to learn more.

...
Avvo Elite Lawyer Badge 10 Best 2016 ASLA 2017 Nation's Top One Percent American Justice Institute Top 10 Chicago Bar Association DuPage County Bar Association Illinois State Bar Association Kane County Bar Association Illinois Trial Lawyers Association Lake County Bar Association McHenry County Bar Association Workers Compensation Lawyers Association Martindale Hubbell 2018 Martindale Hubbell 2018
Back to Top