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Illinois and Missouri Motor Vehicle Accidents Law Blog

Without DWI Checkpoints, Will Car Accidents Increase?

Beginning July 1st, Missouri law enforcement agencies will not be able to use federal dollars to fund DWI checkpoints. Federal dollars covered a substantial portion of the cost of checkpoints. Without it, the future of checkpoints is uncertain.

If this deterrent for drunk drivers disappears, could an increase in car crashes follow?

4 reasons you may be denied workers' compensation

When you are injured at work, the odds may already seem against you. Employers have workers' compensation insurance to pay you for your injuries, but many are left to navigate this complicated process alone. Any mistake or insufficient evidence could lead to your claim getting denied, which would put even further stress on you and your family.

You are entitled to benefits when you are injured on the job. But any misstep could cause your claim to be denied anyway. As you go through the workers' compensation process, consider these common reasons claims are denied.

Are Insurance Companies Fair To Car Crash Victims?

In theory, the primary purpose of car insurance is to cover the costs associated with a motor vehicle accident. If you are hurt and your car is damaged, you should be covered. If you hurt someone else or damage someone else's vehicle in a car crash, your insurance should cover the victim's costs. Up to policy limits, of course.

Unfortunately, that is not always how it works.

Pedestrian fatalities on the rise nationwide

2016 had the most pedestrian fatalities for the United States in 20 years, since 1996. But this is not just a one-off incident – pedestrian deaths have been on the rise for quite some time.

According to preliminary data from the Governor’s Highway Safety Association, pedestrian deaths are up 11 percent in 2016 over 2015. While traffic fatalities in total have decreased by 18 percent from 2006 to 2015, the trend is the opposite for pedestrian fatalities, which saw a 12 percent increase during that same time period. But why are more and more pedestrians getting involved in deadly traffic accidents?

When do bicyclists have the right of way?

Many people assume that when you strike a bicyclist with your vehicle, much like when you hit a pedestrian, the fault is entirely on you. Pedestrians and bicyclists tend to have more protections during most traffic interactions, and drivers must exercise more care when navigating around them.

However, bicyclists are not free of fault. In some cases, if you hit a bicyclist, it could be entirely as a result of their own recklessness. No matter how severe their injuries, you may not be liable at all. But when do bicyclists have right of way, and when must they exercise the same level of responsibility as drivers on the road?

Should there be a "Textalyzer" test for texting and driving?

While tests exist to prove whether or not you are drunk driving, there is no way to prove whether you are distracted driving. A bill proposed in one state could change that.

The New York State Assembly is considering a bill that would allow law enforcement to use a new device to analyze the smartphones of drivers to determine whether or not they were using the device while they were driving. The “Textalyzer” is designed to combat distracted driving in the same way breathalyzers combat drunk driving. But will this bill make its way to other states, and what does it mean for car accident victims?

How not wearing a helmet can impact your motorcycle accident case

The vast majority of states have statutes requiring motorcyclists to wear helmets. While Missouri has one of these statutes in place, Illinois is one of the few states that does not. But while it may not be illegal to ride a motorcycle without a helmet in Illinois, doing so could put you at risk of sustaining very serious injuries in the case of a motorcycle accident.

Aside from the safety concerns of not wearing a helmet, you may find it difficult to collect full compensation for your injuries if another vehicle hits you while riding your motorcycle. Both Missouri and Illinois have comparative negligence laws in place for personal injury claims – meaning your recovery could be limited based on how your own negligence contributed to your injuries. Additionally in Illinois, if the court determines you are more than 50 percent at fault for the accident, you could have no claim to compensation at all.

Who can be held responsible following a drunk driving accident?

Illinois residents who have been injured or lost loved ones because of the actions of drunk drivers may feel a bit lost and unsure of what legal options are open to them in order to seek compensation for their losses. Following a drunk driving accident, the driver believed responsible may be held accountable both criminally and civilly. According the state laws, certain establishments could also be ordered to pay compensation to victims or their surviving family members.

Dram shop laws are active is most states, Illinois being one of them. The purpose behind the Dram Shop Act is to deter the negligent serving of alcohol. This means that alcohol cannot be sold to a person who is already clearly intoxicated. If a person is over-served, the retailer is responsible for preventing him or her from driving.

Not uncommon for mental health issues to follow an auto accident

Being involved in a serious motor vehicle collision can be a traumatic experience. Not only can it cause a victim to suffer physical injuries, but it can result in one enduring psychological damages as well. What type of mental health issues are common following an auto accident and can Illinois residents seek compensation for any losses related to such injuries?

It is estimated that 1 percent of the entire United States population is injured in car accidents every single year. While 1 percent may not sound like a lot, that comes out to around three million people. That is pretty significant.

2 injured, 1 killed in Illinois car accident

Police in Illinois are investigating the cause of a crash that injured two people and claimed the life of another. This car accident reportedly occurred April 7, in Sterling. Per state laws, the surviving victim and the family members of the deceased may have legal recourse.

In a report issued by a news outlet, a 38-year-old male was driving his sedan northbound when he ran through a stop sign and was hit by a pickup truck. He and his passenger -- a 34-year-old female -- suffered unspecified injuries in the collision and were flown to a medical facility for treatment. Sadly, the passenger was pronounced dead shortly after her arrival. The driver of the pickup truck was also injured, so he too was taken to the hospital for care. His current condition is unknown, though his injuries are not believed to be life-threatening.

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