Archive for category: Car accident injury law

Cars Have Gotten Safer. Have Trucks?

 

The Insurance Institute for Highway Safety has reported that over the past few decades cars have gotten safer and fatalities have gone down. This trend can be linked to advances in safety features, such as airbags, electronic stability control, and anti-lock brakes, among other technical advances.

While this same technology is also available for trucks and trailers, the trucking industry hasn’t implemented such safety equipment. In United States, only about 3% of the Class 8 trucks—the heaviest ones which includes most tractor-trailers—are equipped with any collision-avoidance technology. In Europe, most such heavy trucks are sold with this technology.

These large trucks are disproportionately involved in fatal accidents. According to the New York Times, these heavy trucks are involved in 1 out of 8 of all fatal accidents and 25% of all fatalities in construction-zone accidents.

The trucking industry claims the cost of these safety technologies hurt their bottom line. The trucking industry, through its chief trade group, the American Trucking Association, continues to lobby Congress against safety laws, claiming expenditures on safety technology will raise rates for shippers and consumers.

Policewoman directs traffic after a truck accident

But what the trucking industry has failed to notice is that stronger safety measures prevent higher insurance rates and also prevent millions of dollars from being spent in resolving injury claims. The Centers for Disease Control and Prevention also estimates $99 billion  to be the annual cost to the economy for truck and large vehicle crashes.

Many of these expenditures can be avoided if Congress were to pass a common-sense safety bill that addresses the concerns of car drivers, truck drivers, and creates a trucking industry that is safer and more profitable in the long run.

At the Dinizulu Law Group, Ltd., we are safety advocates. Those who injure others through their careless actions must be held accountable for their wrongdoing. That is why our team of truck accident lawyers in Chicago has your back. With over 50 years of combined experience, we know the strategies the defense will use to discredit your injuries. But we bring commitment and expertise to each case and help you get results. Set up a free initial consultation with one of our truck accident attorneys in Chicago. Call 1 (312) 384-1920 or 1 (800) 693-1LAW, or reach us by email.

Who Has The Power To Enforce Laws?

 

When the United States established our institution of government through the Constitution the jury system was enshrined in that document. The 6th and 7th amendment were later added to the Constitution and protected the right to juries in criminal and civil cases.

But still more was needed to enforce this cherished right. African-Americans under federal law were given the right to serve on juries in 1875, but in practice many were openly and routinely removed from juries based on race until a US Supreme Court case in 1986 declared that conduct was prohibited by the constitution. Watch the video to learn more.

As late as 1942, only 28 states had laws that allowed women to serve as jurors, but these states also gave them the right to claim exemption based on their sex. The Civil Rights Act of 1957 gave women the right to serve on federal juries, but not until 1973 could women serve on juries in all fifty states.

The right to serve on jury is something people fought for and died for because this right is so important to the fabric of our laws. The primary purposes of civil tort law in America and here in Illinois as described by the Illinois Supreme Court is when someone has been wrongly injured by the acts of another the law is to:

  • to compensate the victims;
  • to reduce future wrong acts; and
  • to encourage careful conduct in the future to protect all of our citizens.

The jury enforces these laws through their collective verdict. By serving on juries, you are able to voice your opinion and influence the collective verdict. If you do not show up, you are allowing someone else to decide how the laws should be enforced. Therefore, someone else will have the power to determine the type of community you will live in. So remember, the juries’ verdict is how you enforce the laws of your community. That is why it’s so important to serve.

If you have questions about trial or your own serious injury, contact the Dinizulu Law Group, Ltd. at 312-384-1920 or by email. Our Chicago personal injury attorneys are known for their expertise and tough litigation. Schedule a free consultation with one of our personal injury trial lawyers practicing throughout Illinois.

3 Reasons To Go To Jury Duty

 

Juries are an important part of the justice system in America and a pillar of our democracy. Our constitution guarantees citizens receive a fair trial that is overseen by an impartial jury. Not only does this create confidence that our laws will apply equally to all, but this is also one of the purest and most immediate way to participate in our justice system. Watch the video to learn more.

Here are more reasons why you should answer that jury summons:

  1. You are giving back to your country. Many of us have never served in the military for our country. Jury service is one of the few times that we can give back to our country by serving on a jury and ensuring that our system of justice is supported.
  2. We are stronger as a country when we serve on a jury with our fellow man and woman as the conscience of the community.
  3. You will prevent absolute power by the politicians and corporations. This is your time to show what your community finds important to enforce or not enforce through your verdict.

A typically jury is made up of 6 to 12 jurors who are peers. Meaning it’s you and your fellow citizens who are asked to serve on a jury. You may be a laborer or a corporate executive. However, when you sit on a jury, it’s a community of equals that are on a jury, rather than a panel of experts. The case may well be about a union laborer who may have been injured or about a physician whose failed to diagnose a child. Either way, it is a collective jury that is to enforce the law and facts that has been presented to you by the judge and the parties.

It is the jury’s collective reasoned choice to interpret the facts and enforce the law. The jury makes the decision on a case, producing a verdict. These verdicts then become a part of what our communities expects from our doctors, lawyers, corporations, hospitals, and more. They outline what you the jury will expect now and in the future from the conduct of us all.  This method of administering justice prevents absolute power. A jury of 6 to 12 people, who all come from different backgrounds and life experiences, must reach a unanimous decision.

So the next time you get that jury summons, make sure to serve. It may be a hassle, but in the end you, like so many others before you, will have made a huge commitment to our democratic system of government. That small burden is a small price to pay for the privileges and protections of our government and laws. With rights, come responsibilities. Jurors owe it to their fellow citizens to perform this service seriously; justice depends all on the quality of jurors who serve. The survival of your own right to trial by jury depends on the willingness of all to serve, so be part of the system and make a difference.

If you have questions about trial or your own serious injury, contact the Dinizulu Law Group, Ltd. at 312-384-1920 or by email. Our Chicago personal injury lawyers are known for their expertise and tough litigation. Schedule a free consultation with one of our personal injury trial attorneys practicing law throughout Illinois.

What Are Punitive Damages?

 

When it comes to personal injury lawsuit in Illinois, there are two typical types of damages that can be given in a verdict: compensatory damages and punitive damages. The main purpose of compensatory damages is to try and make a victim whole. It’s to fix what can fixed or make up for what could not be fixed. An injured victim may be facing debilitating injuries and disability.  In addition to these significant physical and emotional injuries, they may have lost wages, medical bills, and much more. Such injuries and costs fall under compensatory damages.

However, punitive damages are different. Punitive damages are meant to stop a wrong doer from continuing to do wrong. If a person or a business shows through their own actions that they are devaluing the sanctity of life and limb, Illinois law has offered the community a remedy that can be used to stop this dangerous conduct before it harms us all.

The dangerous conduct may have only harmed one person superficially, but this damage is intended to stop the wrong conduct before it worsens. Punitive damages are meant to be a deterrent to the defendant and other similar wrongdoers for their reckless behavior. Unfortunately, many wrongdoers are encouraged to rectify their conduct only through a punitive monetary verdict. It’s these punitive damages that force them to take preventative measures before they harm more people in our community.

At the Dinizulu Law Group, Ltd., we understand that even one injury is too many. During trial, we often seek punitive damages so our communities are safer and our citizens are protected from the reckless behavior of others. With over 60 years of combined experience, our Chicago personal injury attorneys are known for their expertise and tough litigation. Contact us by email or call us at 312-384-1920 to schedule a consultation with one of our personal injury trial attorneys practicing law throughout Illinois.

19-Year-Old Dies Due To Trucker’s Negligence

 

Sometimes our loved ones suffer as a result of a truck driver’s carelessness.  Sometimes the truck driver denies their fault, and when that happens, their negligence must be proven.  The following example illustrates what must be done in these unfortunate situations.  Watch the video to learn more.

I had a client who had lost a loved one to a truck driver’s carelessness.  Jason was a 19-year-old who was traveling home when he was involved in a collision involving four other drivers.  Minutes from his initial impact, Jason was hit by a semi-truck and died.  The semi-truck driver denied any fault in the collision, and his employer backed him up.

We had to prove that the driving conditions were hazardous and that the driver’s statements were false.

To do this, we got statements from the other drivers involved.  One of the statements said that upon entering the road his speed was the posted 70 mph, but he quickly dropped to 35 mph and even lower to 15 mph before the accident.  Others corroborated that statement.  The truck driver’s speed, according to the on-board recording system, was 63 mph right before the collision, and this was due in part to the use of cruise control.

We also received sworn statements from local law enforcement that stated the road conditions were deemed hazardous, and that there were many other accidents that night.  There is a federal law that mandates speed, and it states that speeds must drop in hazardous conditions.  The defendant’s safety policy stated that cruise control is not to be used during hazardous conditions.

The driver also falsified trip records.  Public law states that drivers may only drive 70 hours in one week.  The data recorded showed the driver completing trips that would need speeds of 86 to 128 mph.  His vehicle’s top speed was 63 mph, which meant he was driving when he wasn’t supposed to be.  Because the driver and his employers were at risk of future prosecution, they agreed to settle for 7 figures before even going to trial.  Watch the video to learn more.

If you have questions about truck driving accidents, please contact our personal injury lawyers by email or call us at 1-312-384-1920 or 1-800-693-1LAW. Our experienced Chicago-based truck accident lawyers are here for you. You may also find more educational videos and media content about truck and auto accident injuries from the Dinizulu Law Group, Ltd. on our media page.

 

Personal Injury Paralysis From a Truck Accident

Every single time you drive, you risk being seriously injured or even paralyzed. And yes, this could happen to even the most careful driver. In Illinois, paralysis is among the most common personal injury when a car collides with a truck. As a result of these accidents, more serious injuries are often found on the occupants of cars rather than on truck drivers. In Chicago and throughout Illinois, injured victims face significant medical bills, lost wages, pain, suffering and loss of enjoyment of life. Additionally, their family members suffer economic loss, mental anguish and the loss of companionship.

Building a Truck Accident Lawsuit

If you have suffered a life-altering injury, such as paralysis, the various provisions that must be made for your care can be much more expansive than you thought. You may not be able to handle this on your own. A life care planner and an experienced truck accident lawyer is needed to present your personal injury lawsuit to the courts.

At the Dinizulu Law Group, when we consult a life care planner, we ensure that all your anticipated needs will be taken into account. Our personal injury attorneys will confirm that the current and future medical needs are analyzed and supported across all providers. We help ensure the life care planner gets admissible evidence from medical doctors, psychologists and the entire team of experts to ensure that a judge will allow the jury to hear all parts of the Life Care Plan. The plan must include future medication, adaptive furniture, assisted living professionals, rehabilitation, transportation needs, recreational opportunities and construction modifications to the home to accommodate new realities like the need for wheel chair access, an elevator lift, and specialized bathing areas for the seriously injured.

We know if you or a loved one experiences a serious injury that you want the best personal injury lawyer on your case. We at Dinzulu Law Group, Ltd are Chicago accident lawyers with extensive experience in truck accident lawsuits and presenting complicated and individualized life plans to the courts. If you have been injured, contact us today so that we can help you navigate the complex legal processes.

Spinal Cord Injury Association of Illinois

You should also visit The Spinal Cord Injury Association of Illinois if you suffer from paralysis and live in Illinois. This is a non-profit information and support resource for individuals paralyzed by spinal cord injury and their families. You can also learn about the health care and related professionals that serve the paralysis community. Though this resource is located in LaGrange, IL, a suburb of Chicago, it serves the entire state of Illinois. Furthermore, for many additional resources, such as support groups, centers for independent living, state disability resources, and more, please visit the United Spinal Association website.

 

Electronic Logging Devices Hold Truck Drivers Accountable for Negligence, Recklessness, and Breaking the Law

It’s winter weather and holiday driving can be hazardous on icy roads and skid-prone conditions. Add trucks and semitrailers to the mix and an accident is much more severe when a large vehicle loses control on the road.

When a truck collides which a smaller passenger vehicle, a disastrous injury occurs more often to the occupants of the other smaller vehicle. To protect all drivers, in 2014, the Federal Motor Carrier Safety Administration (FMCSA) proposed and adopted a rule requiring Electronic Logging Devices (ELDs) to be utilized in large trucks. ELDs are akin to those black boxes you hear about in planes, which help investigators understand how and why an accident happened. Similarly, ELDs in commercial trucks electronically record data from a vehicle’s sensors which can be subsequently downloaded.

electronic-logging-devices

Currently, much of a truck driver’s accountability stems from his or her own written records, but the ELDs will ensure that the truck driver can not cheat the system or inadvertently make a mistake. ELDs record speed, when the truck is in motion and other significant pieces of data.

The Trucking Industry Must Utilize ELDs by December 16, 2019

Although the ELD rule was adopted in 2014, the FMCSA understands that changes do not happen overnight. Accordingly, the trucking industry was given a grace period to incorporate the rule into practice and during that period, records could be kept through paper logs, logging software, automatic onboard recording devices or appropriately registered ELDs. The grace period ends December 16, 2019 and on that date, all drivers subject to the rule must use certified and registered ELDs.

While there are exceptions to the rule, in general if the truck driver was originally required to provide logs showing their hours of service then they are subject to the ELD requirement. While some drivers have met this new requirement with skepticism, the FMCSA maintains that ELDs will reduce risk of accidents and will also allow for a more streamlined collection of data.

ELDs can Help Answer Questions About Liability in a Trucking Accident

The ELDs will play an important role in the legal arena, as well. If you or a loved one is injured in a trucking accident, then you will have to prove that the truck driver acted wrongfully in some way. Maybe they were driving too fast, or perhaps they were drowsy. Truck drivers, their employers and their insurance companies oftentimes have a team of lawyers helping them avoid liability and so it is imperative that you also obtain a personal injury attorney right away.

Obtaining evidence from an opposing party can be difficult and is often subject to strict court rules. During a time when you are already reeling from a terrible accident, it is advised that you seek professional legal help. You will need an accident attorney who not only understands the litigation process, but also acts as your advocate during a time when you need it most.

Dinizulu Law Group, Ltd. always provides a free initial case evaluation and will help you pursue the necessary legal action if you have been involved in a truck wreck accident. Our experienced Illinois truck accident attorneys understand the importance of monetary justice when a victim is facing current and future medical bills in addition to being unable to work. A personal injury accident happens in an instant, but the effects can last a lifetime. Please contact us today to find out how we can help you.

Truck Driver Fatigue & Increased Personal Injury Risk for Car Drivers

In 2014, the Federal Motor Carrier Safety Administration (FMCSA) conducted a study to analyze various factors that contribute to crash risk. It comes as little surprise that driver fatigue contributes to many tractor-trailer accidents every year. Between 1975 and 2014, about 185,000 crashes involving large trucks or buses resulted in fatalities and of the nearly 215,500 individuals who lost their lives, most were occupants of smaller vehicles, such as cars.

This data clearly shows that when trucks and smaller vehicles collide, the truck drivers are much less likely to be injured or killed. Unfortunately, truck drivers often fail to adhere to safety mandates required by law and as a result, other citizens on the road face a higher risk.

Costs Associated with Trucking Accident Injuries Can Last a Lifetime

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Injuries sustained in accidents caused by large trucks are often severe and can include loss of limb, brain injury, burns, spinal injury, and immobility. Costs associated with these massive injuries are not limited to the hospital bills incurred right after the accident. Many victims require years of rehabilitation and may never be able to work again. The economic impact can be crippling and that does not even take emotional trauma into consideration. Truck accidents are also often fatal. Many times a loved one lost in an accident is a family’s breadwinner.

If you or someone you know has been injured or worse in a trucking accident, you should seek legal counsel right away. The accident injury lawyers at Dinizulu Law Group, Ltd. have almost 60 years of total experience representing victims of truck accidents. We will help you get the compensation you deserve.

While insurance companies are experts at pointing the finger and talking victims into very low settlement amounts, our experienced trucking accident attorneys request log books and backup data to build strong, credible cases that will withstand the utmost scrutiny in the courts.

We understand that trucking accidents are often catastrophic and life changing. Contact us today so we can help you get the justice you deserve.

Filing a Wrongful Death Lawsuit – Where Do I Start?

While no amount of money can bring back a loved one, wrongful death lawsuits are designed to compensate family members of those killed by negligence. Under the law you are entitled to both economic and non-economic damages. Economic damages are a dollar amount that’s decided based on the deceased’s income, funeral expenses, medical expenses etc. Non-economic damages address the pain and loss of companionship that family members will face as a result of the death.A professional and experienced wrongful death attorney understands that it’s important that you be compensated for both damages. Insurance companies and other responsible parties fight aggressively to refuse or limit your fair payment. To get the compensation you deserve, it’s important that a skillful wrongful death attorney is representing you.

Proving a Wrongful Death Claim

In building your claim, an experienced wrongful death lawyer will understand that there may be many more complexities regarding your case. People you might not have even thought about could be liable. For example, in a single car accident caused by a road in poor condition, the city who owns the road, the contractors responsible for maintaining it, or a number of other groups may be liable depending on the facts of the case.

Time Limits on Filing a Wrongful Death Lawsuit

Additionally, it’s very important to file a wrongful death case fairly quickly. Otherwise, your case may get barred by the statute of limitations. In Illinois, generally a wrongful death claim against a private entity or corporation must be filed within two years from the date of the accident, but there are exceptions to this time limit. Certain cases only have a one year limit for filing and some others have longer than two years. Please contact the Dinizulu Law Group, Ltd to learn which time limits apply in your case. Waiting too long can prevent you from filing the lawsuit at all.

Waiting any longer than necessary creates other problems too. The scene of an accident changes quickly after the road is opened to traffic again. The vehicles that may have been involved in the wreck will be repaired by the owners or possibly destroyed. Witnesses will become harder to locate, and records will be misplaced.

Time may not be on your side but the compassionate and experienced wrongful death attorneys at the Dinizulu Law Group, Ltd will work with you to determine the best way to handle your wrongful death claim. Contact us to set up a free consultation with one of our experienced wrongful death lawyers today.

Man upset

What to Do When Car Accidents Are Serious Personal Injuries?

Truck accident

If you experience a serious car accident, chances are insurance companies will try to get you to sign on an injury settlement amount quickly. This is never a good idea. When injured, you may not be able to perceive the long-term effects of the accident and this is what insurance companies want. Accepting a short-term settlement amount quickly will only leave you paying unforeseen expenditures out of your own pocket. This is not something that most people are able to afford and it often leads to financial ruin. There also may be the matter of ongoing medical care which you or your loved one will need. This is often impossible to get without fair representation in the courts from an experienced personal injury lawyer.

Head and back injuries are some of the most serious injuries that can happen in a car accident. These are the type of cases that you must have representation from a good personal injury lawyer. You need a lawyer who is experienced in litigation and will be able to able to get you the compensation you deserve.  When back injuries result in severe nerve damage or even paralysis, these conditions leave people with lifelong physical issues and enormous medical bills. The average yearly expenses of someone living with severe a spinal cord injury ranges between $230,000 to over $775,000. This can amount to millions of dollars across the average lifetime. These financial costs can be ruinous to both the victims and their families without monetary compensation. Insurance companies are not willing to give this level of money unless they are taken to court.

Trucking Accidents & Serious Personal Injuries

While we often wishfully think such serious injuries won’t happen to us, they can, especially when a large truck collides with a car. Serious injuries or death when trucks and cars collide are often in the car and not the cause of the accident. The Illinois Department of Transportation reports that while only about 6% of traffic crashes in Illinois involve large trucks, these wrecks represent a disproportionate number of traffic fatalities (nearly 13%).

Illinois Personal Injury Attorneys

If you or somebody you know has been involved in a car accident injury due to collision with a large truck or other commercial vehicle, it is important to seek help from an attorney who is familiar with the tactics used by truck and insurance companies and has the knowledge to anticipate the future needs and challenges that could be faced by you or your loved one. The experienced and compassionate personal injury lawyers at the Dinizulu Law Group will work with you to determine the best way to handle your personal injury claim. Contact us to set up a free consultation with one of our experienced car accident injury lawyers today.

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