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Illinois Police Warn of Danger from Trucks that Bypass Weigh StationsThe Illinois State Police is responding to what it believes is a significant number of truck drivers who avoid the mandatory weigh stations along Illinois highways. Officers are stationed near weigh stations, watching for trucks that do not pass through the weigh stations or violate other traffic laws. “Operation ByPass” is currently focused on Illinois State Police District 5, which includes Grundy, Kendall, and Will counties. Drivers across Illinois are at risk of personal injury from being in a crash with a commercial truck that is over the weight limit.

Problems with Overweight Trucks

Illinois requires trucks to go through weigh stations because a truck that is over the weight limit could cause damage to bridges and overpasses. The maximum allowable weight depends on the number of axles and the length between them. No truck is allowed to weight more than 80,000 pounds. Overweight trucks are also dangerous to other drivers on the road and can increase the risk of accidents. Because of their size and weight, trucks normally have more difficulty:

  • Maneuvering;
  • Making wide turns;
  • Coming to a quick stop; and
  • Maintaining control when going downhill.

These driving problems increase as a truck gets heavier. When a truck is over the weight limit, its response time will be slower than other drivers normally expect from a truck.

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What Recreational Marijuana Will Mean for Illinois ResidentsIn a long-expected move, Illinois is on the verge of becoming the 11th state in the U.S. to legalize the recreational use of marijuana. The new law, which will go into effect on Jan. 1, 2020, shows that Illinois is changing tactics from criminalizing marijuana to creating a regulated industry. As with alcohol and tobacco, the state will control marijuana possession and use, with violations likely resulting in fines. Here are answers to common questions about how Illinois will regulate marijuana possession:

  1. Who Can Possess Marijuana?: Marijuana possession will be limited to adults age 21 and older. Illinois residents will be allowed to possess as much as 30 grams of marijuana in leafy form, five grams of cannabis concentrate or 500 milligrams of THC infused in a product. Non-residents will be allowed to possess as much as 15 grams of marijuana.
  2. Where Can You Use Marijuana?: Marijuana use will not be allowed in public places, including most businesses and places of work. Local governments will be able to decide whether they will allow marijuana use inside marijuana dispensaries. Marijuana use will mostly be limited to private residences.
  3. Who Can Grow and Sell Marijuana?: You are not allowed to grow marijuana in your home unless you are a medical marijuana patient. Marijuana sales will be restricted to licensed dispensaries, similar to the medical marijuana dispensaries. This is how the state will try to keep the industry under control and generate revenue.
  4. How Will the Change Affect Those Previously Convicted?: People previously convicted for possessing 30 grams or less of marijuana will be able to petition for a pardon from Illinois Gov. J.B. Pritzker. If you are pardoned, the Illinois Attorney General could expunge the conviction from your record. State’s attorneys on the county level will also be allowed to expunge convictions.
  5. What Else Should You Know?: It will still be illegal to drive under the influence of marijuana. However, Illinois must determine how it will measure whether someone is impaired by marijuana. Unlike blood alcohol, traces of marijuana can remain in your body for weeks after use.

Contact a Crystal Lake Criminal Defense Attorney

After the law goes into effect, Illinois residents and law enforcement will need time to understand the limits of Illinois’ recreational marijuana policy. This may result in people being charged when they have not actually violated the law. A McHenry County criminal defense attorney at Botto Gilbert Lancaster, PC, can contest an unjust drug charge being brought against you. To schedule a free consultation, call 815-338-3838.

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Should Divorced Parents Share a Child’s Birthday Party?A child’s birthday is a special event for the entire family, but divorced parents are often unsure whether they should still celebrate it together. Parents want their child to enjoy the party, and tension between the divorced parents could ruin the event. You should each have your own birthday party for your child if you have a hostile relationship with your co-parent. A parenting plan can determine which of you hosts the child on his or her birthday each year, and the other parent can hold a celebration on another day. If your relationship is amicable, you should still consider whether a shared celebration would be best for your child:

  1. What Does Your Child Want?: Do not assume that your child would prefer you both at the same celebration. Seeing you together after the divorce may be uncomfortable, and your child may be excited to have two birthday parties. If old enough to decide, you should ask your child what he or she would prefer. Make sure you do not frame the question as choosing between parents. Present it as two equally fun options.
  2. Could Your Child Misinterpret You Being Together?: A younger child may have difficulty understanding why you chose to divorce and whether it is permanent. Celebrating a birthday as a family may give him or her false hope that you are getting back together. It may be better for your child to have separate birthday parties during the first few years after your divorce so as not to confuse him or her about your relationship.
  3. Do You Get Along with Your Former In-Laws?: It is common for your extended family to want to participate in birthday celebrations, particularly with younger children. You may have an amicable relationship with your co-parent, but your relationship with his or her parents may be different. You should also consider whether your own family gets along with your co-parent and his or her family. It may be best to keep the families separate, whether that means having separate parties or limiting the family members who can attend.
  4. Where Will You Hold the Party?: It could be awkward to attend a party at your co-parent’s home or to host your co-parent at your own home. A simple solution would be to pick a neutral site for the party, such as a park, restaurant, or recreational facility.

Contact a McHenry County Divorce Attorney

It is important to continue to celebrate special events with your children, but fitting it into your parenting schedule can be difficult. A Crystal Lake, Illinois, divorce attorney at Botto Gilbert Lancaster, PC, can create a schedule that allows you to spend holidays and birthdays with your children. Schedule a free consultation by calling 815-338-3838.

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Receiving Workers’ Compensation for Mental TraumaThe injuries you receive at work can go beyond what can be physically diagnosed. Sometimes, an incident at work can be traumatic enough that it causes a mental disorder, such as depression or anxiety. A mental health professional can diagnose your mental disorder and state whether the work incident likely caused the disorder. Illinois law allows you to receive workers’ compensation benefits if you can prove the correlation between the work incident and your mental health. You can use a “mental-physical” claim or “mental-mental” claim.

Mental-Physical

A mental-physical claim is when a physical incident at work caused trauma that led to your mental condition. This can easily happen when you suffer a traumatic injury in the process of your normal work duties. A factory worker who was severely injured while using machinery may feel anxious about returning to work. The worker could be diagnosed with post-traumatic stress disorder if he or she suffers panic attacks due to that anxiety.

Seemingly minor injuries can also create mental trauma depending on the nature of the incident. For instance, someone sexually assaulted by a supervisor may suffer bruises that do not require medical treatment. However, being assaulted at work is traumatic and would understandably cause the victim anxiety about returning to the workplace. The Illinois Workers’ Compensation Commission has awarded benefits in such a scenario.

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Five Common Causes of Motorcycle CrashesMotorcycles riders are vulnerable in ways that other motorists are not. Even wearing all the recommended safety gear can only do so much to protect a rider during an accident. If you are involved in a motorcycle accident, you may be able to receive personal injury compensation if another party was at fault. However, proving fault may depend on what caused the accident. Here are five common causes of motorcycle accidents and the likelihood that someone else was at fault.

  1. Other Moving Vehicles: Common accidents between motorcycles and other vehicles involve left turns, lane changes, and rear-ending. Drivers of larger vehicles can be careless about watching for motorcycles, misjudge their speed or simply not see them in their blind spots. The driver of the other vehicle may be at fault for your accident if their actions put you in danger and you attempted to use defensive riding techniques to avoid the accident.
  2. Open Car Doors: People inside parked vehicles can cause motorcycle accidents when they suddenly open their doors. It can be difficult to see a motorcycle coming from behind, though some people fail to look when exiting the vehicle. Whether the person in the vehicle was at fault largely depends on whether you were traveling at a safe speed. Motorcycles should be extra cautious when riding down a narrow road with parked vehicles.
  3. Road Hazards: Riders are at risk of losing control of their motorcycles when they encounter surfaces that are wet or covered in debris. There is no liable party when the weather makes the road slick unless the negligent design of the road caused an unnatural accumulation of water or ice. A public road in disrepair may cause an accident, but local governments are immune from lawsuits unless you can prove willful and wanton negligence. Property owners may be liable for the unnatural debris they create on the road adjacent to their properties. For instance, lawn clippings can become slick when combined with rain and many municipalities have ordinances against blowing lawn clippings into the street.
  4. Speeding: Many motorcycle accidents can be avoided if the rider is able to slow down in time. Riders are at least partially at fault for an accident when they are traveling at unsafe speeds. The safe speed may be below the speed limit if the road conditions are poor or the rider is approaching a sharp curve in the road.
  5. Riding Under the Influence: Riding your motorcycle while intoxicated is an avoidable hazard. Other parties will not be liable if you were drunk at the time of your accident.

Contact a McHenry County Personal Injury Lawyer

Motorcycle accidents can cause severe injuries to riders, if not death. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can help you receive the compensation you need to cover your medical costs and suffering. Schedule a free consultation by calling 815-338-3838.

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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