Posted on December 01, 2014 in Personal Injury

Technology is changing at such a rapid pace that it may seem as though advancements are made every day. The convenience of cell phones, computers, and GPS devices are just a few examples of ordinary items that were once figments of peoples' imaginations a handful of decades ago. And when put into perspective, it is interesting to think what developments are being made today that we, as a society, will incorporate into our lives 20 or 40 years from now.

One such advancement, not yet widely used, is the autonomous car. As a recently published article notes, there are many advantages to employing the use of such technology. This technology may raise questions, however, about liability in the event of an accident.

Advantages of Self-Driving Vehicles

Robert William Kingett, author of the above-referenced article, points out the many benefits to using an autonomous vehicle, both on the individual level and for the public at large. Not only does an autonomous vehicle provide another option for transportation, it could also specifically cater to those with a disability or other health issue.

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 Posted on November 26, 2014 in Immigration

Being detained by Immigration and Customs Enforcement (ICE), or another law enforcement agency, can be one of the most terrifying experiences during a person’s life. An individual may feel powerless and frightened, and it is made worse by the fact that many times, for reasons of bureaucratic short-staffing, neglect, or simple xenophobia, detainees are not advised properly of their rights.

If you are detained, it is is absolutely imperative that you know your rights, especially if you have family who may soon be in the same position.

Arrested by ICE

If you are arrested or detained by immigration personnel, your rights are fairly clear-cut, based on statutory law and case precedent. The most important factors to remember are to not discuss your immigration status without an attorney present, and to not sign anything offered unless an attorney is present. While the majority of immigration officers are honorable, there are some who value expediency more than protocol, and it is not unheard of to force detainees to sign papers that concede their removability before they are even able to see a judge.

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 Posted on November 24, 2014 in Personal Injury

Traveling by any means of transportation includes safety risks, but some modes are more dangerous than others. Transportation by foot, motorcycle, or bicycle carries its own set of specific risks, especially when compared to traveling by or among vehicles. Riders and walkers who find themselves in an accident with a car are often met with devastating results. These statistics are likely especially apparent in larger cities where alternative means of transportation are more common, and there are more people traveling on the streets. According to a news article recently published, Chicago is evidently no exception. The state of Illinois as a whole ranks among the top states for bicycle deaths in the United States.

Bicycle Fatalities

In a report released October 27, 2014, the Governors Highway Safety Administration revealed that Illinois is among the top states for bicycle deaths. The finding was part of the Administration's Spotlight on Highway Safety Bicyclist Safety report and had Illinois ranked fifth in the nation for highest number of cyclist fatalities. Further, the report found that the total number of bicycle deaths is on the rise, with the numbers increasing by about 16 percent between the year 2010 and 2012. The most recent data was compiled using numbers from 2012. Between 2010 and 2012, the state of Illinois reported a total of 80 bicycle-related deaths. In the year 2010, 24 fatalities were reported, 27 were reported in 2011, and 2012 saw 29 such tragedies. The data was based on the Fatality Analysis Reporting System and the numbers were then reported by the Insurance Institute for Highway Safety.

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 Posted on November 24, 2014 in Family Law

With the status quo of “traditional” families being amended to include the increasingly more common combinations of families that are now present in American society, certain laws in Illinois are still championing the role of the “traditional” family. One of the most recent laws, which affects the rights of married and unmarried fathers and their relationships with their biological children, creates a double standard that espouses the married, but divorced father, over the rights of the unmarried, biological father.

Recent Case Designating the Double Standard

In a recent case, the Illinois Supreme Court reviewed the standard and burden of proof that would be applied to the biological father regarding his visitation rights with his biological child. In this case, a woman, who was married, had a one-night stand with another man. As a result, she became pregnant and gave birth to a child. The law creates a rebuttable presumption that any child that is begot from a marriage is the child of the husband. In this case, the husband, who was not the biological father, was presumed to be the biological father of the child and paternity was designated to him. The man from the affair, after seeing photos of the child posted onto a social media site, noted similarities between him and the child, and paternity was established between him and the child. The husband, who had been presumed to be the father of the child, later divorced the woman.

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 Posted on November 19, 2014 in Immigration

When a U.S. citizen or Lawful Permanent Resident (LPR, or green card holder) wants to bring a family member to live with him or her, there are pitfalls and paperwork that may lie ahead. Certain common problems can occur between application and receiving one’s green card. Therefore, it is important to be prepared and informed.

The Death of a Sponsor

One of the most difficult and frightening situations that a potential immigrant can face is when his or her sponsor—the U.S. citizen or LPR vouching for the individual to be able to enter the U.S.—passes away before the petition is approved. Formerly, if this occurred, it meant that the petition was, for all intents and purposes, dead. However, after some reform, there are options to save time and effort.

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 Posted on November 19, 2014 in Personal Injury

While severe weather can happen in varying degrees at any time of the year, the fall and winter months can prove particularly treacherous for drivers. Various conditions, including heavy rain, strong wind, snow, sleet, or ice can be present on the roadways and can make driving dangerous for those traveling. When weather is severe enough, or can be predicted far enough in advance, many individuals will choose to forgo their travel plans in favor of staying safe at home. However, drivers do not always have this luxury. Sometimes, traveling is a necessity. Other times, severe weather may hit without warning and drivers can be caught in the middle of a storm through no fault of their own. These dangerous conditions can quickly lead to a car accident, capable of causing injury, damage, and other tragic consequences.

Safety Tips

A news article recently published online by a local news outlet promoted safety tips for driving in severe weather, presumably in an effort to reduce the number of car accidents that occur due to weather-related factors. As stated in the article, it is important for drivers to realize that weather conditions can dramatically change rather quickly, leaving drivers to navigate the roadways in dangerous circumstances. However, the good news is that drivers can regain some control over being caught in inclement weather by acting in advance to know safety procedures and proper precautions to follow if such a scenario does present itself.

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 Posted on November 17, 2014 in Family Law

A recent bill signed into law in Illinois will have a tremendous impact on custody and visitation rights. The law amends the Illinois Marriage and Dissolution of Marriage Act by determining that when one of the parties who has custody or visitation rights with the child(ren) must leave the child for a significant period of time with a third party (for example, nanny, family member, or current spouse), then he or she must offer a right of first refusal to the other custodial parent to take care of the child.

Purpose of the “Right of First Refusal” law

The presumption put forward by the court is that it is advantageous and in the best interests of the child to let the child have significant time with both parents. Most divorce decrees keep this presumption in mind and the courts tend to lean on the favor of joint custody arrangements so that the child may spend significant time with both parents.

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 Posted on November 17, 2014 in Personal Injury

When traveling on roadways in any part of the country there is always a risk of being involved in a car accident. However, it can also be said that certain behaviors and conditions can significantly increase a driver's risk of being involved in a collision, while still others can reduce such a risk. Many agencies and organizations focus on traffic safety and promote safe driving. According to a recently published news article, a transportation advocacy group in the state of Illinois ranked the most dangerous intersections in the Chicago area.

Dangerous Intersections

The Active Transportation Alliance made a list of the 20 most dangerous intersections in the Chicago metro area recently. The group promotes bicycling as well as other modes of alternative transportation in the Chicago area. In order to rank the intersections included in the list, the Alliance analyzed crash data, staff feedback, and public input in order to come up with the results.

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 Posted on November 12, 2014 in Immigration

One of the biggest bones of contention in the American immigration debate is the question of which laws, if any, apply to undocumented immigrants. Some of the most hotly debated are unemployment laws. Additionally, one question is frequently asked: Are the undocumented protected by laws like minimum wage and overtime restrictions? The answer, at least in a general sense, is yes.

On-the-Job Laws

The first laws that often come to mind when discussing employment are the minimum wage laws and the regulations that govern overtime. However, there are many others, almost all of which we interact with on any given work day without noticing, such as the Occupational Safety and Health Administration (OSHA) standards for workplace safety. All of the major ones do apply to undocumented immigrants.

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 Posted on November 12, 2014 in Personal Injury

There is much focus on the dangers of distracted driving and the tragic consequences that can result from the practice when car accidents occur. In fact, there are many traffic laws and regulations in place to prohibit, or at least curb, the practice of distracted driving. However, according to a recently published news article, a new study is focusing not on the specific dangers of distracted driving, but how limited types of the practice can actually aid in driver safety.

New Study

A new study performed by a University of Illinois researcher examined how a driver talking on a cell phone or to a passenger affected how he or she operated a vehicle. A driving simulator and video phone were used in the study to help determine whether whom a driver was speaking with had an effect on his or her safety while on the road. The latest study represents just a small fraction of the research that has been performed on the topic of distracted driving over the years. Previous results seem to show that passengers are usually not distracting to drivers, and can even be helpful if they are experienced drivers themselves.

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