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Recent Blog Posts
Who Is Responsible for My Child’s Playground Injuries?
Each year, more than 220,000 children end up at emergency rooms with playground-related injuries. These injuries range from fractures to internal bleeding to head injuries. In fact, more than 20,000 children sustain some form of traumatic brain injury in playground accidents every year. After a year of pandemic restrictions, children are more eager than ever to play with friends at parks, playgrounds, and summer camps and there is a concern that there may be a spike in the number of children injured. How can parents protect their children from these injuries and who is liable when they occur?
Playground Injuries
National data collected on playground accidents and injuries show that the most common cause of injuries to children are falls, resulting in about 45 percent of all emergency room visits. The most common injury that sends parents rushing to the ER is bone fractures, followed by cuts, bruises, sprains, and injuries to internal organs.
Illinois Stops All License Suspensions for Unpaid Traffic Violation Fines
While traffic violation fines can be a nuisance, they can also mean losing your license if those fines are unpaid. Under current Illinois law, if a driver has five or more unpaid camera tickets, their license can be suspended. If a driver has just one unpaid traffic ticket, the state can put a hold on their license that stops the driver from being able to renew it. But a new Illinois law about to go into effect July 1 will put an end to all that.
Illinois SAFE-T Act
Several months ago, Illinois lawmakers approved a massive criminal justice reform omnibus, the Safety, Accountability, Fairness and Equity – Today (SAFE-T) Act. Included among the many issues the bill addressed were:
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All Illinois police officers will be required to use body-worn cameras by January 1, 2025.
Illinois Accident Victims May Now Qualify for Post-Judgment Interest on Award
Illinois law allows victims who are injured in accidents caused by the negligence or recklessness of another party to file legal action against that party for financial compensation for the losses those injuries cause. These losses can include medical expenses to treat the injuries, loss of income if the victim is unable to work while they recover, pain and suffering, and more.
Many accident claims are handled through the at-fault party’s insurance company, such as in car accidents, premises liability accidents, and medical malpractice lawsuits. Unfortunately, the majority of insurance companies will do all they can to get a victim to settle for far less than what they deserve, including dragging the entire process out for an extended period of time. But a new Illinois law could end up penalizing insurance companies who engage in these types of practices.
New Illinois Law Prohibits Deceitful Police Tactics in Juvenile Interrogations
If you are a fan of television crime shows, you have likely watched a scene where police characters play the “good cop, bad cop” roles. This is where one officer comes off as aggressive and menacing to the person who is being interrogated, while the other officer acts as their ally, encouraging them to tell the truth about what they know regarding the crime being investigated. Police officers are allowed to use many tactics like this in order to get a suspect or material witness to confess what they know. But just how far is too far and what law enforcement actions violate a person’s constitutional rights?
False Confessions
The Fifth Amendment grants several rights to protect individuals during a criminal investigation or proceeding, including guaranteeing the individual due process of law, prohibits double jeopardy, and protects the individual against self-incrimination. Unfortunately, the Fifth Amendment does not always protect an individual from any of the many deceitful tactics that police officers use to coerce a confession from a suspect. The ability for law enforcement to use these tactics has even been approved by the U.S. Supreme Court (Frazier v. Cupp, 394 U.S. 731).
Teens Are at Risk of Car Accidents During the 100 Deadliest Days of Summer
While Memorial Day is traditionally the kickoff of summer season, it is also the beginning of what has been deemed the “100 Deadliest Days of Summer.” Safety advocates use this term to call attention to the increased dangers teen drivers face during the days between Memorial Day and Labor Day. According to national statistics, there are approximately 10 people killed in teen driver car crashes each day during this period. Over the past decade, there have been almost 300 people killed in crashes involving teen drivers during the 100 deadliest days in the state of Illinois.
Dangerous Time on the Roads
The summer means more motorists are on the road as people take vacations and day trips. More motorists also mean more car accidents, injuries, and deaths. It also means more teen drivers are on the road, since school is out for the summer. Many of these teen drivers are inexperienced, and they sometimes act recklessly. Tragically, statistics about teen drivers bear this out:
New DOL Rule May Affect Workers' Comp for Independent Contractors
In January of this year, the Department of Labor – still under the Trump administration – announced a final rule under the Fair Labor Standards Act (FLSA) clarifying the standard for determining whether a worker is an employee versus an independent contractor. The standard that was created by this rule gave a significant amount of control to employers to classify workers as independent contractors, making it difficult for those employees to qualify for workers’ compensation benefits and other benefits the federal government requires under the FLSA. That rule went into effect on March 6, 2021.
With a new administration comes new standards, and the Department of Labor – now under President Biden – recently announced that rule is being withdrawn in order to protect employees and give them the benefits they are entitled to. The effective date of withdrawal was May 6, 2021.
New Changes to Illinois Drug Laws Address Overdoses
It is no secret that Illinois and the rest of the country are in the grips of a major drug epidemic. It is estimated that the United States is losing more than 80,000 victims each year to drug overdoses. Because Illinois still treats drug possession of any amount of controlled substances as a criminal offense, victims who are overdosing or friends who are with them at the time may be hesitant to call 911 for help because they are afraid they will be arrested. Fortunately, a new Illinois law may save lives in these situations.
Illinois HB 158
Naloxone is an emergency antidote that is used in opioid overdoses. When a person is suffering an overdose, a shot of naloxone can literally save their life. Emergency responders can administer naloxone if they are called to the scene of an overdose in time. A new law that recently went into effect in Illinois removes any risk of punishment for a small amount of drug possession if a person is seeking help for a drug overdose. This will ensure that a person can call 911 and receive emergency assistance without the fear of facing criminal charges. Lawmakers and law enforcement officials who support the new law say their goal is to enable people who are struggling with drug addiction to get the help they need.
Motorcycle Safety Awareness Month: Preventing Motorcycle Accidents
The warm weather has finally arrived in Illinois after a long, cold winter, and this is welcome news for motorcycle enthusiasts. Every year, the month of May is designated National Motorcycle Safety Awareness Month, serving as an important reminder to motorcyclists and drivers of other vehicles of important safety habits they should follow to minimize the risk of being involved in a motorcycle crash.
Motorcycle Accident Statistics
At one time, only “bikers” in gangs drove motorcycles. That has significantly changed over the past several decades, and currently, women and men from all walks of life own motorcycles and enjoy riding. It is estimated that more than 13 million motorcycles are registered in the United States. While they account for less than 5 percent of the number of registered vehicles on the road, they make up for about 15 percent of all traffic deaths each year, and motorcycle accidents result in the death of approximately 5,000 victims. Another 90,000 victims are injured, many of them seriously.
Illinois Judge Rules FOID Cards Violate Second Amendment Rights
Current Illinois state law requires residents to have a valid Firearm Owners Identification (FOID) card in order to purchase or possess a firearm or ammunition. Failure to have a FOID card can result in misdemeanor or felony charges, depending on the circumstances and the criminal record of the individual being charged. However, a recent ruling by an Illinois judge and a new bill working its way through the Illinois legislature could change all that.
Court Ruling
A White County Circuit Court judge has ruled that requiring citizens to have a FOID card is unconstitutional. The ruling was made in a criminal case from 2017 where an elderly White County resident was charged with violating the law because she owned a rifle but did not have a FOID card. The judge dismissed the charges against the woman, saying that requiring a FOID card violates both the Second Amendment to the United States Constitution and Article I, section 22 of the Illinois Constitution of 1970.
Construction Site Accident Deaths Continue to Rise Each Year
It may come as a surprise to many people that the most dangerous jobs are in the construction industry. Despite only making up approximately 5 percent of the country’s workforce, construction industry accidents are responsible for more than 20 percent of all work-related deaths each year. Recent studies show that these numbers have continued to increase on a yearly basis.
The Occupational Safety and Health Administration (OSHA) has identified the “Construction Focus Four” as the top causes of construction worker injuries and deaths:
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Falls
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Caught-in or caught-between
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Struck by
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Electrocution
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