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Car Seat Safety Protects Children During AccidentsIllinois 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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Manufacturers Have Strict Liability with Product DefectsWhen a defective or unexpectedly dangerous product injures you, you can file a product liability lawsuit to collect personal injury compensation. Most product liability cases in Illinois fall under the theory of strict liability, which means that you do not have to prove that the manufacturer was negligent in order to hold it liable. Before you file a product liability lawsuit, you should make sure that your case meets the qualifications under Illinois law.

Product Liability Types

There are three categories of product liability claims, each of which blames the injury on a different defect with the product:

  • A design defect means that the faulty design of a product makes it inherently dangerous to consumers;
  • A manufacturing defect means that the manufacturer did not build the product to design specifications or used faulty materials; and
  • A marketing defect means that the instructions that came with the product did not warn consumers about dangers in using the product that would not be obvious to a normal person.

You will file your lawsuit against the manufacturer in most cases because it is likely responsible for the defect. You can include the business that sold you the product or the product wholesaler if they knew about the defect or somehow caused it.

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Five Ways Motorcyclists Can Stay Safe This WinterMany motorcycle riders choose to lock up their bikes for the season when the weather turns cold and icy. For those die-hards who ride year-round, safety is paramount. Driving conditions have deteriorated for everyone on the road, and motorcycles may not get the same amount of traction that riders are used to. Here are five tips for motorcycle safety during winter weather:

  1. Check Your Tires Before Riding: It is important that your tires are in good condition before you head out onto the slick roads. Make sure that your treads have not worn down, and check your tire pressure, which may be low because of the cold. You need as much traction as you can get.
  2. Be Equipped for the Weather: The basic safety gear remains the same for winter motorcycle rides, such as a helmet and jacket. However, you must also dress to keep yourself warm. Numbness in your hands or feet may impair your ability to control your bike. You can protect yourself from the elements by using additional wind guards and heated grips.
  3. Help Your Bike Warm Up: Your motorcycle will get warmer as you continue to run it, but it will not take long for it to cool down. Stopping at an intersection may be enough time for your tires to cool, decreasing your traction once you starting moving again. Some riders sway to retain heat, while others quickly accelerate and decelerate a couple of times. You may need to simply be cautious as you wait for your bike to warm up again.
  4. Take It Slow: You will face more road hazards than normal, such as icy roads and cracks created by snow plows. Riding at a slow speed can help you maintain control of your bike when you encounter these hazards. Give more space to the vehicles in front of you because your decreased traction means you need more time to brake. Be smooth when accelerating, braking, or making turns.
  5. Avoid the Snow: Snowstorms can create the slickest road conditions and decrease your visibility. Your best safety precaution is to not ride your bike if there is a chance of snow. If it starts snowing while you are riding, you need to either slow down or stop somewhere to wait out the storm.

Contact a Crystal Lake Personal Injury Attorney

You are responsible for your own medical expenses if you are injured in a motorcycle accident caused by wintery conditions or your own negligence. However, another party may be liable if he or she caused your accident. A McHenry County personal injury attorney at Botto Gilbert Lancaster, PC, can help you receive injury compensation for your motorcycle accident. Schedule a free consultation by calling 815-338-3838.

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Strict Interpretation of Snow Removal Law Benefits Injury PlaintiffsThe legal distinction between a sidewalk and other walking surfaces may determine the success of your personal injury case. The Illinois Snow and Ice Removal Act states that property owners who remove snow from sidewalks abutting their properties are not liable if someone is injured because of icy conditions created by the snow removal. This legal immunity makes it difficult for people to receive personal injury compensation when they slip and fall because of an untreated accumulation of ice. However, some Illinois courts strictly interpret the law as applying only to sidewalks and not other paved surfaces.

Liability Standard

Illinois law does not require property owners to clear the snow off of their walkways or hold them liable for personal injuries on their property caused by a natural accumulation of snow or ice. Before the Snow and Ice Removal Act, personal injury victims could claim that property owners who cleared snow from their sidewalks created an unnatural accumulation of snow. The melting snow piles caused icy conditions on sidewalks. The Snow and Ice Removal Act changed the liability standard, and property owners are now liable only if:

  • They willfully or wantonly created the hazardous condition; or
  • Negligence in the condition of the property caused an unnatural accumulation of snow or ice.

Thus, property owners are not liable for the melt off from a pile of snow they have created, but they may be liable if a malfunctioning gutter system caused the ice accumulation.

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Personal Injury Risks of Riding in a LimousineTwenty people died as a result of a recent stretch limousine accident in New York, highlighting the potential dangers of these vehicles. Renting a limousine seems like a practical and responsible action for a large group of people going out for an evening of fun that may involve alcohol. In the case of the New York accident, 17 friends were heading for a birthday party at a brewery. Stretch limousines do not follow the same safety regulations as normal vehicles. As a result, passengers can be at greater risk of suffering injuries during a crash.

Design

Major car manufacturers do not produce the stretch limousines that you see on the road. Limousines are normal vehicles that have been extended by cutting the vehicle in half and adding a longer middle section. The smaller company that made the limousine may have removed some of the safety features that the vehicle needed to pass federal safety standards, such as:

  • Side-impact airbags;
  • Reinforced rollover bars; and
  • Easily accessible exits.

There are no federal safety standards when a vehicle is modified into a limousine. Illinois requires modified vehicles to be inspected every six months but puts no limit on how large a modified limousine can be.

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