When can a police officer be held liable for causing a traffic accident that results in personal injury to another party? Illinois gives officers tort immunity in situations where they are responding to an emergency. The officer’s driving actions could be negligent, reckless or illegal, but the police department would be protected from civil penalties as long as the officer was in the process of enforcing the law. While it may be necessary to allow officers to respond to emergencies without worrying about civil repercussions, it can deny car crash victims the chance to receive compensation when someone else was at fault for their accident.

Exceptions to Immunity

A court will allow you to file a personal injury lawsuit against a police department if you can prove one of two circumstances:

• The officer was not engaged in executing the law at the time of the crash; or
• The officer’s conduct showed a willful and wanton disregard for the safety of others.

It can be difficult to prove either of these exceptions. Courts tend to give law enforcement the benefit of the doubt when they claim that their actions were necessary or part of their job. A recent case shows how much leeway the law gives police officers who are involved in car accidents.

A majority of the accidents that occur at intersections are the result of a vehicle making a left turn. Drivers can easily misjudge the speed of an oncoming vehicle or may not see the vehicle because of their vision being obstructed. Oncoming drivers may suffer serious injuries if they have a head-on collision with a vehicle that turns in front of them. Pedestrians in a crosswalk can also be injured when a vehicle makes a risky or illegal left turn. There are four factors that make left-turning vehicles dangerous to pedestrians:

1. Driver Impatience: It can be frustrating to wait at an intersection for a chance to turn left, especially when there is not a left turn signal. The driver may act hastily when there is finally a gap in the oncoming traffic or the light is about to turn red. He or she may not think to look for pedestrians, who have the right-of-way to cross the street at the intersection.
2. Quick Acceleration: Drivers must increase their speed when making left turns because of the wide turn radius. They may also rush to fit into the small window they have to make a turn against oncoming traffic. A fast-moving vehicle will have more difficulty stopping for a pedestrian and can cause greater injuries if a collision does occur.
3. Blind Spots: A left-turning driver will likely notice a crowd of people in a crosswalk but could miss a single pedestrian who happens to be in his or her blind spot. The A-pillars on a vehicle, which hold the windshield, can obstruct a driver’s vision during a left turn. Car companies are designing wider A-pillars to store airbags and increase vehicle safety during rollovers. Unfortunately, wider A-pillars create larger blind spots for drivers.
4. Oncoming Vehicles: A vehicle making a dangerous left turn affects the behavior of other vehicles on the road. An oncoming driver could react to a vehicle turning in front of him or her by swerving to avoid a collision, putting pedestrians at risk. A second vehicle could rear-end the oncoming vehicle, pushing it further into the intersection.

Contact a McHenry County Personal Injury Attorney

The driver of a left-turning vehicle will likely be liable for hitting you while you are in a crosswalk. You may share contributory negligence if the crosswalk light told you to stop, but you can still receive injury compensation as long as the driver was more than half at fault. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can help you file a lawsuit against a negligent driver. Schedule a free consultation by calling 815-338-3838. 

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Being involved in an accident with a truck is both frightening and perilous if you are driving a smaller vehicle. Victims can suffer serious or even fatal injuries because of the force of colliding with a such a large object. Pursuing personal injury damages will help you afford the recovery treatments you need, as well as compensate you for your pain and suffering. However, building a personal injury case involving a truck is different than with other vehicles.

Crash Causes

Driving a large truck requires greater skill and caution than with a normal-sized vehicle. A truck takes longer to stop, has larger blind spots, and needs more space from other drivers when making turns or changing lanes. Drivers have more difficulty avoiding an accident with a reckless truck driver because of the length of the vehicle. The truck driver may have been at fault for your accident if he or she:

• Was driving too fast;
• Did not apply the brake in time to stop from rear-ending your vehicle; or
• Changed lanes without consideration for other vehicles.

To prove that the truck driver was reckless, you will need to recount how the driver was behaving before the accident, his or her actions that put you in danger, and how you responded. A witness may have had a more complete view of the circumstances that led to the crash and be able to corroborate your account.

Part of learning to be a driver is having your first winter driving experience and understanding how it affects your road safety. Teens who have recently obtained their driver’s license may not fully appreciate the dangers of driving through snow and ice. In the worst scenario, their inexperience may result in a vehicle accident that leaves them injured or worse. As parents, you can prepare your teen for winter driving with a few safety tips:

1. Staying Warm: It is important to dress appropriately for the weather, including warm gloves and boots. Hands and feet that are numb from the cold may not respond quickly enough when the driver needs to take decisive action. Being cold in general can also be distracting. Remind them that the interior heating system may take a couple of minutes to warm up the vehicle if it has been sitting cold for a while.
2. Decreased Traction: Wintery conditions on the road can make starting and stopping take longer than a teen driver is used to. Losing control of a vehicle due to ice on the road is frightening and may cause teens to panic. Tell them to give themselves additional time to brake and to not slam on the brakes or the accelerator if they lose traction on the road.
3. Driving Distractions: Reiterate the importance of paying attention to their driving and not being distracted by electronic devices. In addition, teens must clear the vehicle of snow and frost before they start driving. Trying to clean a windshield or mirror while driving will take their attention away from the road.
4. Extra Time: Winter conditions cause all traffic to slow down in order to stay safe. Teens should give themselves additional time to get to their destination. Running late may cause them to hurry, which can lead to accidents.
5. Knowing to Stop: There are times when the weather conditions are bad enough that driving is unwise. Teens may not want to be told that they should not drive because of the weather, but their inexperience would put them in even more danger than other drivers. They should also understand that it is acceptable to pull over or stop somewhere if the weather suddenly turns worse.

Contact a McHenry County Personal Injury Attorney

Though your teen may be the more inexperienced driver, it is possible that another driver was at fault for their accident. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can help you prove that another party should be liable for your teen’s injuries. Schedule a free consultation by calling 815-338-3838.

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Illinois is enacting a child car seat law at the beginning of 2019 that will require children younger than 2 to be placed in rear-facing car seats. A front-end collision is dangerous to infants facing forwards because the forward momentum during a sudden stop can hurt their necks and heads. A rear-facing car seat absorbs the impact of a front-end collision and better secures a child’s head and neck. There are several other ways to protect your children in case of a vehicle accident, some of which are Illinois law requirements:

1. Consider Child’s Size: Although the law creates an age cutoff, you should not assume that your child is ready for a front-facing car seat when he or she turns 2. Safety researchers recommend that children continue riding in rear-facing car seats until they weigh more than 40 pounds or are more than 40 inches tall.
2. Dress in Thinner Layers: You should firmly strap your child into the car seat, but bulky clothing items can compress during a crash, causing the restraints to be looser. It is advised that you dress your child in a thinner layer of clothing and place a coat or blanket on top of the seat.
3. Car Seats Required Until 8: Illinois law states that any child younger than 8 must be secured in a child safety seat, such as a front-facing car seat or a booster seat. For children in booster seats, the lap belt should go across the child’s thighs, and the shoulder belt should go across his or her chest and shoulder. Your child should not use a booster seat if there is not a shoulder belt.
4. Keep Children in Back: Researchers recommend that children sit in the back seat of a car until they are 12. The front row of seats is a layer of protection for them in case of a front-end collision. The force of the airbag being deployed can also be dangerous for your children.

Contact a McHenry County Personal Injury Attorney

You may receive a fine if you fail to secure your child in a car seat as mandated by Illinois law. However, violating a car seat law does not affect your ability to receive personal injury compensation if someone else was at fault for the vehicle accident that injured your child. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can help you file a lawsuit to collect damages for your child’s injury. Schedule a free consultation by calling 815-338-3838.

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