On behalf of Johnston Law Offices, P.C. posted in Motor Vehicle Accidents on Tuesday, May 21, 2013
There are many ways to prove liability in an auto accident. One of the most common ways to prove liability is to show that the other driver violated a traffic law. One of the most basic road rules is that drivers are supposed to leave enough room between themselves and the car in front of them that they will not run into the other car should it make a sudden stop. Nevertheless, rear end accidents remain one of the most common types of car accidents.
The Madison County Sheriff's Department recently arrested a 24-year-old Alton woman on suspicion of drunk driving after she crashed into another vehicle. According to the sheriff's deputy that responded to the scene of the accident, the car crash occurred when the driver ran into the rear end of another vehicle that was stopped in traffic. According to reports, the automobile crash took place in the 5000 block of Humbert Road in Alton near Roach Road.
On behalf of Johnston Law Offices, P.C. posted in Wrongful Death on Thursday, May 16, 2013
Springtime in Madison County brings residents outdoors to enjoy activities like barbecuing, outdoor sports, hiking and swimming and many others. Bicycling is a favorite for many who cannot wait to pump up their tires and hit the area's many trails and highways. However, cyclists are unfortunately at risk of serious injury or even death when car and bicycle routes are inadequately marked, as one fatal accident from last year serves to remind readers. A wrongful death lawsuit has recently been filed in the case.
The accident occurred when a husband and wife were cycling near Pontoon Beach on Schoolhouse Trail one morning. As the husband crossed the intersection of Horseshoe Lake Road and Illinois Route 111 on his bicycle, a man driving a Chevy Lumina struck him; he was pronounced dead at a nearby medical facility less than an hour later. Police did not cite the driver of the Chevy, deciding that he had the right of way at the time of the collision.
On behalf of Johnston Law Offices, P.C. posted in Truck Accidents on Monday, May 6, 2013
According to a number of recent studies, driver fatigue is a major cause of serious traffic accidents in the United States. The AAA Foundation for Traffic Safety has referred to driver fatigue as one of the leading unrecognized traffic safety problems in the country. The seriousness of driver fatigue is only exacerbated when the driver in question is operating a commercial vehicle. Illinois residents might find the following article interesting.
Last month, a fatal semi-truck accident involving a state police cruiser on I-294 resulted in the tragic death of an Illinois state trooper. It was recently reported that the cause of the truck accident was truck driver fatigue. The truck driver fell asleep behind the wheel of his vehicle when his truck veered out of the lane, crashing into a state trooper parked along the shoulder of the interstate. The trooper killed in the tragic accident was only 28 years old.
On behalf of Johnston Law Offices, P.C. posted in Pedestrian Accidents on Thursday, May 2, 2013
The National Highway Traffic Safety Administration found that over 4,000 pedestrians were killed and 70,000 injured in traffic accidents in 2010. Studies also show that higher speeds are strongly associated with the likelihood and seriousness of pedestrian accidents. In fact, only 5 percent of pedestrian accidents involving vehicles traveling 20 mph or less are fatal accidents, while 40 percent of pedestrians knocked down by vehicles traveling 30 mph die.
In an effort to reduce the number of tragic pedestrian accidents that occur every year near or around school zones, the Illinois State House of Representatives recently passed a piece of legislation that would toughen speed rules around school zones. Under the proposed bill, Illinois motorists will no longer be able to travel faster than 20 mph in a school zone when a child is within 50 feet of the road, regardless of the time of the day or the day of the week.
On behalf of Johnston Law Offices, P.C. posted in Wrongful Death on Tuesday, April 23, 2013
Companies are always looking for new ways to protect themselves from potential litigation. One way this is done is through an exculpatory agreement. An exculpatory agreement is a waiver stating that a particular person cannot be held liable for injuries sustained from the use of a certain product. These agreements, however, rarely hold up in court, especially when the wrongful death of a child is involved.
Generally, a product liability claim involves an allegation that a dangerous product injured an individual. While most product liability cases are brought by the injured party, others, like those involving a fatal accident, are brought by the beneficiaries of the estate. In an attempt to reduce such litigation, companies often include exculpatory agreements with their products.
On behalf of Johnston Law Offices, P.C. posted in Motor Vehicle Accidents on Tuesday, April 16, 2013
Edwardsville readers have likely heard the term tort bandied about by politicians and lawyers. A tort is a civil wrong that results in a personal injury. Torts include all injury cases involving negligent and intentional acts. While some torts are also criminal, the primary difference between a civil and a criminal wrong is that civil law deals with disputes among individuals rather than the state and the result is compensation rather than punishment.
In a recent tort action filed in Madison County, a driver has filed a lawsuit against Budget Truck Rental, Maschhoff Transport and two other defendants following a car accident just outside of Edwardsville in Hillsboro, Illinois. According to the complaint, the plaintiff suffered serious injuries when a trailer detached from the back of a vehicle, causing it to collide with her vehicle along Highway 16 near the intersection with Highway 127 in Hillsboro, Illinois.
On behalf of Johnston Law Offices, P.C. posted in Wrongful Death on Thursday, April 11, 2013
Over the last few years, multiple legal complaints have been filed a gainst universities and fraternities for the practice of hazing. For those unfamiliar with hazing, it is an activity often used to initiate someone into a group, such as a fraternity. While hazing was once viewed as harmless fun, public support for the practice has waned as young men and women have died and been seriously injured in hazing activities across the country.
The family of a 19-year-old freshman who was attending Northern Illinois University is suing the University for wrongful death following the death of their son. The former Palatine High School graduate died last November after a deadly hazing ritual that occurred at a Pi Kappa Alpha fraternity pledge party. University officials recently concluded an investigation into the fatal hazing accident, but the family of the victim still plans to sue.
On behalf of Johnston Law Offices, P.C. posted in Pedestrian Accidents on Friday, April 5, 2013
People often take for granted how vulnerable they are as pedestrians. A single mistake, or bad decision, by a motor vehicle driver can result in catastrophic, even fatal, injuries. However, there is a silver lining to these difficult situations - people injured in a pedestrian accident caused by driver negligence may be entitled to damages to help with recovery.
Take, for example, a recent pedestrian accident that occurred in Illinois. In this case, two people were injured when they were struck by an SUV near a transit station. The two victims, a 19-year-old woman and a 22-year-old man, were taken to a nearby medical center by first responders with critical injuries. The driver of the SUV was cited for failing to exercise due care for a pedestrian in the roadway. The accident was severe enough that the Major Investigations Unit was on-site performing the accident review; the unit is tasked with investigating crashes that are deemed serious or involve a fatality.
On behalf of Johnston Law Offices, P.C. posted in Brain Injury on Monday, March 25, 2013
Anyone who knows someone who has suffered a traumatic brain injury knows exactly how complex and devastating a TMI can be. March is "Brain Injury Awareness Month," and many people still do not know the tragic consequences and life-altering effects that those who suffer from TMIs and other brain injuries are forced to live with following tragic personal injury accidents.
Our Edwardsville readers are part of the efforts to expand the understanding behind brain injury, and the seriousness of brain injuries is finally becoming commonly understood. Something our readers may not know, however, is that the Brain Injury Association of America cites auto accidents as one of the leading causes of brain injuries.
On behalf of Johnston Law Offices, P.C. posted in Motor Vehicle Accidents on Thursday, March 21, 2013
Recently, this blog focused on the serious concerns and tragic consequences that can occur when commercial truck drivers operate semi-tractor trailers while they are fatigued. While the sheer size and weight of many commercial vehicles make them a unique hazard on the roadway, driving while tired is dangerous no matter how large or small the vehicle might be. Edwardsville residents should take the following story about a tragic car accident caused by driver fatigue as a warning to use more caution on the roadways.
According to a recent report, a 50-year-old motorist from Chicago crashed his vehicle after falling asleep behind the wheel. Illinois State Police reported that the driver was heading southbound on Interstate 55 near Illinois 143 when he began to nod off. A passenger in the vehicle yelled and attempted to grab the steering wheel after the car crossed the center lane, but it was too late. The vehicle left the roadway, then struck an embankment and rolled over. There were three passengers in the vehicle at the time.