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How to Spot a Drunk Driver, and What to Do When you Spot One

You know better than to drink and drive. In Illinois and throughout the country, the legal blood alcohol content (BAC) limit for an individual to drive a car or other vehicle is 0.08 percent. Beyond this point, the individual can face a charge for driving under the influence (DUI). Alcohol inhibits an individual’s ability to accurately perceive his or her surroundings and make judgments about the safe operation of a vehicle.

But even if you never drive drunk, you can be involved in a collision with a drunk driver. Driving drunk is one of the most dangerous actions a driver can commit, along with using a cell phone while driving and driving when he or she has not had an adequate amount of sleep. If you are injured in an accident caused by a drunk driver, you can seek monetary compensation for your damages through a personal injury claim. Although a personal injury settlement can be a great thing if you need it, it is even better to avoid an accident and needing such a settlement.

Signs of a Drunk Driver

There are a few tell-tale signs of a drunk driver to be aware of. These include:

  • Swerving in and out of lanes;
  • Driving through stop signs and traffic lights;
  • Failing to maintain a consistent speed; and
  • Signaling that is inconsistent with his or her actions.

These can also be signs of a distracted driver, a tired driver, or a driver who is under the influence of another type of drug, such as a sleep aid. Regardless of why the driver is showing these signs, he or she is a hazard to him- or herself and others on the road.

If you Spot a Drunk Driver

If you see a car that you suspect is being driven by a drunk driver, report that vehicle to the local authorities. Doing so can potentially prevent a tragic accident.

It is important that you stay as far away from the car as possible. Do not try to pass the car and if you can, get over a lane or two from it. Note the vehicle’s make, model, color, and if possible, its license plate number. Then when it is safe to do so, pull over and call 911 to report the vehicle. If you can, tell the officer the direction the car was traveling, the time you saw it, and your current location so the authorities can better locate the vehicle.

The Law Offices of Robert T. Edens, P.C.

Work with an Experienced Antioch Car Accident Attorney

Drunk drivers put themselves and all others on the road in danger of injury, property damage, and death. If you are injured in an accident with a drunk driver, you could be entitled to receive monetary compensation for your damages through a personal injury claim. To learn more about this process and your rights as a claimant, contact The Law Offices of Robert T. Edens, P.C. today to set up your initial legal consultation with an experienced personal injury attorney.

 

 

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How is Neglect Different from Other Types of Nursing Home Abuse?

Nursing home abuse is an issue in an alarming number of nursing home facilities throughout the country. Nursing home abuse comes in many varieties, such as physical abuse, emotional abuse, financial exploitation, and sexual abuse. Abuse can occur for many reasons and when an individual suffers from nursing home abuse, he or she can suffer from serious physical, emotional, or financial distress.

Not all abuse is committed out of malice, though. Unlike the types of abuse listed above, which occur when a caregiver has a specific need to fill such as a desire for control over a resident or a financial hardship that he or she attempts to overcome by stealing, nursing home residents can also suffer from neglect. Neglect is the absence of the care that an individual needs. It can be the staff’s failure to give a resident the medication he or she needs on a daily basis, the failure to give the resident nutritious food or enough water, the failure to clean him or her and the room regularly, or the failure to simply lift the individual out of bed and give him or her the opportunity to move around. All forms of neglect can cause an individual to suffer physically and mentally.

Symptoms of Nursing Home Neglect

  • Bed sores, also known as pressure sores. These injuries under the skin occur when an individual does not move from one position for a prolonged period of time;
  • Dirty conditions in the resident’s room
  • Dehydration;
  • Dirty hair or skin on the resident;
  • Weight loss;
  • A worsened medical condition;
  • Changes in the individual’s demeanor; and
  • Physical injuries, which can indicate a lack of care after an accident such as a fall.

Why Does Neglect Occur in Nursing Homes?

Neglect can often occur because nursing home staff is overburdened. Providing 24/7 care to the residents of a nursing home is stressful and many facilities try to save money by limiting their staff size. Although staff burnout is no excuse for neglect, it is a common reason why it happens. If you suspect your loved one is being neglected in his or her nursing home, speak with the staff there about your concern. Simply by being a consistent presence in your loved one’s life, you can help to keep him or her safe from neglect. Always follow up with his or her doctor after he or she receives a medical procedure and do not be afraid to speak up about changes you observe in your loved one.

The Law Offices of Robert T. Edens, P.C.

Work with an Experienced Grayslake Nursing Home Abuse Lawyer

Although we trust that our loved ones will be well cared-for in their nursing homes, the truth is, abuse and neglect do happen in these facilities. If your loved one suffers physically or emotionally from neglect at the hands of his or her caretakers, be an advocate for him or her and work with an experienced nursing home abuse lawyer to file a claim. To get started with our firm, contact The Law Offices of Robert T. Edens, P.C. today.

 

 

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The Commuter’s Concern: Injuries from the Trip to Work?

More and more Americans are joining the workforce each day, and most of them do not live within walking distance of their employer. Commuting has become so synonymous with the “rat race” that some jobs come with stipends to encourage employees to use environmentally friendly means of travel when going to and from the workplace. It is inevitable, then, for accidents to happen during the times that most Americans are traveling. Regardless of the type of transportation used by a commuter involved in an accident, they are still protected by Illinois’ personal injury laws. These laws were created to help injured parties recover damages from someone who causes them harm, and the law does not care whether the accident occurred at noon, or during rush hour.

Mass Transit

While the law does not distinguish between times of day in its coverage, it does take into account what type of transportation the injured person was using at the time of the injury. What is meant by that is that who the named responsible party (or parties) is depends on what kind of vehicle the person was injured by. For example, a commuter who is injured when a careless driver behind them hits them in a traffic jam will need to seek recovery from that person directly and/or his insurance company. However, a commuter who uses public transportation such as a bus or train would likely need to seek damages from multiple potential parties, including the municipality who regulates the transportation. In addition, given the larger potential class of injured individuals when there is an accident involving mass transit, an injured person should be prepared to spend more time in negotiations than an individual involved in a two car accident.

 

Damages

Under Illinois law, an injured party can recover the full amount of damages that he/she suffered after an accident so long as the fault lies entirely with the other party. The law allows for damage awards to be reduced by the percentage of fault shared by the injured party. This is called the “comparative fault rule” and can diminish an award by the percentage of fault, up to 50%. If the injured party is more than 50% at fault, however, a court will disallow any damages to be awarded as they are considered to be responsible for the accident. This is because the law was designed to protect innocent victims of accidents and providing them recourse to obtain needed monetary assistance to speed their recovery. So long as the injured party remains at or below 50% at fault for the accident, Illinois does not place a cap (or upper limit) on the damages that may be awarded to that person. What this means is that an injured person can be awarded a significant amount of money from the person(s) responsible for an accident in which they were injured. It is not uncommon, especially in cases involving mass transit, for an award to reach six or seven figures.

The Law Offices of Robert T. Edens, P.C.

Questions?

If you or a loved one has been injured in an automobile accident, or an accident involving public transportation, you do not have to face recovery alone. While you are busy trying to put the pieces of your life back together, the opposing side’s attorneys are working hard to limit their liability. Call Robert T. Edens, P.C today for a consultation with an experienced attorney, who will be on your side to ensure you receive the relief you are entitled to.

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Protection for Employees at Risk? Dialogue Brings More Questions than Answers

Illinois legislators recently met with employer groups who have been trying to catch the ears of lawmakers for years in attempts to lessen their burden under the state’s workers’ compensation system. These employers argue that they only wish to change Illinois law to mirror the laws in neighboring states, and claim that the burden they face is too great for them to be competitive. Workers need to pay attention to these “conversations” even if these employers do not yet have the political might to effect the changes they are seeking. Discussions over weakening protections for employees, especially when they are the most vulnerable (i.e. while recovering from an injury), should be met with protest as these employers would seek to join a “race to the bottom” with regard to employee protections.

Illinois law versus Indiana

Some individuals argue that the workers’ compensation laws of “neighboring states” are more favorable to business growth and opportunity and therefore are better than the laws of Illinois. This argument is a red herring as it does not take into account the myriad other laws that affect employers and business growth in the state. For example, arguing that workers’ compensation is more expensive in Illinois, and therefore mandates a law change, does not take into account the basic calculation that drives workers’ compensation benefits the average weekly wage. Employees in Illinois are lucky to have employers who value their work, and pay them a fair wage to do it. Employees in neighboring states such as Indiana are not so lucky, and are paid almost 30% less than Illinois workers. When calculating an individual’s average weekly wage in Illinois, of course the amount will be slightly higher than that same worker in Indiana. However, that is only due to the fact that Illinois businesses and lawmakers have decided to value employees more than their neighbor to the east.

“Costs” of doing business

What many detractors of the current workers’ compensation system in Illinois also fail to articulate is that business is booming in Illinois. According to the most recent revenue numbers, Illinois’ unemployment rate is steadily decreasing and the state’s sales and use tax numbers are seeing a remarkably steady increase. What this means is that more people are working and spending their hard earned money in the state. How this can be bad for business is difficult to understand. Further, taking aim at the workers’ compensation system in Illinois is flawed, as there are numerous other regulations in the state that have a much larger effect on corporate profits. In fact, according to a CNBC ranking, the state is currently suffering from “a battered balance sheet and burdensome regulations.” Merely because an employer is suffering along with the state does not mean that it should attack its employees’ hard earned benefits.

The Law Offices of Robert T. Edens, P.C.

Many people may not realize that the workers’ compensation systems around the country were created in order to assist injured workers in getting back to work as quickly as possible. Cutting the available benefits to these workers will only serve to delay their recovery and therefore, delay their ability to return to work. If you have been injured at work and need help getting back on the road to recovery, call the experienced attorneys at the office of Robert T. Edens, P.C today. We can explain Illinois workers’ compensation laws and help you obtain the benefits you need to get back on your feet.

 

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Miscommunication to Malpractice: Why You Need to Communicate with Doctors

Some patients who may be labeled as “problematic” or “difficult” may actually have the right idea. Doctors and healthcare providers are trusted with the care and safety of our most prized possessions (our selves and our families). Why should we not question them to make sure they fully understand the nature of a problem and have the expertise that is required to fix it? Unfortunately for too many individuals, they do not begin to question the care that they are receiving until it is too late, and for many who have been victims of medical malpractice, their questions are then met by stonewalling, denial and blame shifting from hospitals, doctors and insurance lawyers. It is important for any patient to remember that those who they trust with the administration of their medical care are still human, which means that they are able to make mistakes and are highly susceptible to miscommunication. The problem is that their mistakes often come with the highest consequences.

 

Ego and Communication

Not all doctors are poor communicators, but one study has found that miscommunication is a leading cause of “serious medical errors.” The study looked at errors made during “resident handoffs” of patients, which occur whenever a shift change or facility transfer occurs during the care of a patient. According to the study’s findings, this period of transfer was responsible for a large increase in errors, largely due to miscommunication between the initial staff and the new staff with regard to a patient’s treatment and needs. The entity that conducted the study also implemented something they called an “intervention” which interjected some new techniques for hospital staff to use in order to help them successfully transfer a patient with fewer handoff errors. The techniques included the use of a mnemonic device to assist in oral handoffs, communication training and continued observation to ensure the patient handoffs were done with a lower error rate. The study found that better communication at this stage of treatment led to better care for patients and fewer instances of patient harm due to errors in treatment.

Malpractice

In Illinois, a patient or loved one of someone who has been injured by a healthcare provider’s negligence generally has two years to file a lawsuit after they knew (or should have known) of the injury. Unfortunately for many injured patients, they are unaware of this time limit until it is too late. They can be sure that the wrongdoers are fully aware of this time limit and have ways of delaying discovery of wrongdoing while a patient is too focused on the healing process to take legal action. While of course all healthcare providers are not actively seeking to harm their patients, once malpractice occurs the decisions are largely taken away from the doctors, nurses and other staff and begin to be made by lawyers who are seeking to protect their clients’ interests.

The Law Offices of Robert T. Edens, P.C.

Need Guidance?

If you or a loved one has been injured by a medical professional you trusted with your care, call Robert T. Edens, P.C today for a consultation. We work hard on behalf of our clients to ensure their interests are protected while they are focusing on more important matters, such as making a full recovery despite the medical error. Our attorneys have experience with all the tactics of large insurance companies and their lawyers, and can use our skills to hold their clients accountable for their negligence.

 

 

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Distracted While Driving? Say Hello to the Consequences

Texting and driving has become such an epidemic in this country that it is illegal to operate a motor vehicle while using a cellular telephone in most states. Harsh penalties and fines can accompany a citation for driving and texting or calling someone without the use of a hands-free device. Penalties can be much more severe, however, if your carelessness leads to the death of someone else. These accidents can lead to wrongful death lawsuits by the family members of the injured party, and can lead to thousands of dollars in damages.

The Law

Illinois law provides relief to those who have been harmed by someone else’s carelessness. This includes relief for family members whose loved ones have been killed following a motor vehicle accident if it was caused by careless or reckless behavior, such as texting while driving. The law prohibits the use of any “electronic communication device” and includes cell phones, hand-held personal digital assistants, and computers, but interestingly does not include GPS (global positioning system) use. One could ask whether use of a GPS application on one’s cell phone would constitute a violation under the law, but in a wrongful death situation, it is likely that such actions could be viewed as “use of a cell phone.” The law provides that a person who is found to have injured another person while violating the law will be guilty of the offense of “aggravated use of an electronic communication device.” Further, use of such a device that leads to the death of another person can lead to a Class 4 felony.

Examples in the News

There are news stories almost daily reporting on individuals who chose to drive while distracted. Whether a driver is driving and texting, or driving while drunk, the outcome is often unfortunately the same. Those who are injured in an accident do not care whether the cause was one reckless behavior or another. One teen discovered the consequences of her actions last Fall, when she pled guilty to texting while driving and causing the death of a 45-year-old cyclist. She was given two years of probation for the offense, but she was facing a potential prison sentence under the law. While the judge was lenient, likely due to her acceptance of responsibility for the accident. She was also ordered to perform 150 hours of community service, specifically to raise awareness of the dangers of distracted driving.

The penalty could have been much worse, however, had the victim’s family decided to seek damages through a wrongful death lawsuit. It is important for anyone who has lost a loved one to distracted driving to realize that the criminal justice system is not their only recourse after an accident. Wrongful death actions can be brought under civil statutes. Illinois’ wrongful death statute allows for damages in the amount that is “fair and just” and includes monetary relief for “grief, sorrow, and mental suffering.”

The Law Offices of Robert T. Edens, P.C.Need Help?

If you or a loved one has lost someone due to another person’s distracted driving, call Robert T. Edens, P.C today and speak to an attorney who can help you understand the law. While the criminal justice system can provide some comfort, in Illinois families of victims do not need to be left grieving and suffering without recourse. Wrongful death actions allow for a family to obtain needed compensation to help them on their road to recovery.

 

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Insurance for the Future: An Illinois Auto Insurance Primer

Many people remember their first car. The smell of the interior, the feel of the road under its tires, and the freedom that it represented are all memories that many people have of their first experience with driving. Not many people remember what insurance coverage they had on their first car, and some could not even tell you what coverage they have on their current car. While some drivers have extensive insurance policies that offer coverage for any potential bump in the road, many drivers only have the minimum that is required by the state in which they are licensed. Those state minimums are designed to offer protection to drivers using a state’s roadways, and are not always sufficient to cover all the damage caused by a car accident. It is important for drivers to understand Illinois law as it relates to car insurance, and what their options are in the event they need to seek other pathways to recovery.

Mandatory Coverage

Illinois law requires all drivers to carry auto insurance on their vehicle. This is standard for all states as they want to ensure that all people, passengers included, are protected in the event of an accident. Illinois law mandates that every driver carry liability insurance in varying amounts to cover injury or death of a person in an accident and property damage from an accident. Drivers must carry an insurance policy that covers up to $25,000 for the death of one person, $50,000 for the death of more than one person, and $20,000 for the damage to property of another person.

Liability insurance is defined as “insurance protection that pays for claims or judgments brought against the insured.” What this means is that if a driver carrying only the minimum amount of insurance in Illinois in in a car accident for which they are at fault, their insurance coverage would only provide compensation to the person(s) that were hit. For example, if driver A carries liability coverage only and hits the car of driver B, causing damage to the driver B’s bumper, the insurance coverage would only pay for the damage done to driver B’s car even though both cars suffered damage. Insurance that would pay for both vehicles is known as collision coverage. Another common category of auto insurance is knows as comprehensive coverage, which provides insurance for damage done by something other than a collision (i.e. hail, fire, theft).

Recovering Damages

Car accidents range in severity from very minor, causing little to no damage to vehicles or persons, to very major, causing extensive injuries and total loss of property. Illinois is what is known as a “fault state” when it comes to automobile accidents. What this means is that the party at fault for the accident is responsible for paying for the resulting damage. In legal terms, this is known as comparative negligence. In states like Illinois that have a comparative negligence law in place, the liability for an accident will be shared by all parties who are at fault. The law allows an injured person to recover damages from the person who caused the accident (so long as they were not more than 50 percent at fault). In some cases, the person at fault for an accident does not carry sufficient insurance to cover all of the damage he/she caused. In these cases, it may be necessary to file a lawsuit to recover the amount needed that exceeds the insurance coverage amount.

The Law Offices of Robert T. Edens, P.C.

If you or a loved one has been injured in a car accident, call the Law Offices of Robert T. Edens, P.C today and speak to a knowledgeable attorney about your options for recovery. You should not have to be left holding the bill for an accident that you did not cause. Call today and we can offer guidance, or representation if necessary, to help you obtain the justice you deserve.

 

 

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Doctors Are People Too: Medical Malpractice in Modern Medicine

Every year, countless cases of possible malpractice go unreported. One watchdog group conducted a study into the state of patient safety that included surveys of more than a thousand patients across the country. The results of that study may surprise even the most cynical of citizens. Not only is this study important to alert people to the potential dangers they face when obtaining health care, but it should also serve as a reminder that doctors are people too. This means that, despite their training and years of experience, doctors and healthcare staff are capable of making mistakes. It is for this reason that healthcare professionals and the facilities they work for carry insurance in the event a mistake leads to the harm of a patient. However, these individuals are not always up front about their mistakes. In these situations it may be necessary for an injured patient to speak to an experienced attorney who can help them enforce their rights to recover damages to which they are entitled.

Patient Harm Study

According to ProPublica, the organization that conducted the “Voices of Patient Harm” study, participants in the study who reported that they were injured by a medical provider were also injured when that same provider denied any wrongdoing and attempted to cover up the mistake that led to the harm. Of those who were injured, only 13% stated that their caregivers voluntarily disclosed information about the harm. This means that 87% of injured patients were not only struggling to recover from their medical provider’s mistake, but also fighting to have that mistake acknowledged so that they could obtain proper treatment and recover what they had lost.

Patients who responded to the survey stated that they had feelings of “fear, anxiety, anger and depression” after they were injured and much of these feelings stemmed from the fact that a majority of doctors/medical staff neither apologized nor were held accountable for their actions. To put this in perspective, it would be as if someone who was permanently disabled after a car accident caused by someone else’s negligence was unable to recover damages because the other party denied an accident even occurred. The injured party is then forced to fight the wrongdoer and their insurance company in court to obtain relief.

The Law Offices of Robert T. Edens, P.C.

Medical Malpractice Lawsuit

Nobody wants to spend their valuable time embroiled in litigation. However, in some situations it can be the only way to not only recover what is owed, but also to send a message to wrongdoers that their actions will not go unpunished. People make mistakes. The law surrounding incidents of medical malpractice is designed to help an injured patient obtain justice when a mistake turns into stonewalling or denial on the part of the wrongdoer. If you or someone you love has been injured by a medical provider, call the Law Offices of Robert T. Edens, P.C today about your options. Our experienced attorneys can help guide you through the process and represent you if necessary to help you on your path to recovery.

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Caught on Tape! Nursing Home Bullies Have a New Enemy

As of January 1, 2016, Illinois nursing homes are likely to have a new tool in their arsenal to combat nursing home abuse and negligence. Now that the new Authorized Electronic Monitoring in Long-Term Care Facilities Act has gone into effect, health care facilities will be able to place cameras in the rooms of their residents to help ensure those that are entrusted to their care are receiving the proper treatment. The Act also provides some level of comfort to families who place their trust in the facility to care for their loved ones in a professional manner. It may only be words on paper, but the power in this new law will hopefully lead to more prosecutions for abusers and better recovery for victims if litigation is necessary to hold guilty parties accountable for their actions.

Building a Case

According to state records, Illinois has approximately 1,200 facilities that serve over 100,000 residents. These facilities are fully licensed and regulated by the state, and must pass annual inspections in order to keep their licenses active. They are also subject to federal laws, and answerable to the agencies responsible for enforcement, if they accept federal benefits. One would think that this level of monitoring and accountability would be sufficient to make administrators hire quality staff who care for their patients at the appropriate level. Sadly, this is not always the case, as institutions find their funding sources vary year to year while the costs of medical care steadily rise.

The first step in identifying who may be at fault for injuries to loved ones is to dig into the financial history of the facility responsible for their care. If the facility has a history of cutting costs by hiring less qualified staff members, or not hiring sufficient staff for the number of patients in their care, that facility may be setting itself up for a negligence action. All too often, abuse occurs when staff members are ill-equipped to handle the challenges of 24-hour elder care and typically react in one of two ways: lashing out, or choosing to ignore patients. While some may think that abuse must take the form of bruising or open cuts, the mental abuse of being ignored by your caregiver for hours on end and not having your basic needs being met can be even more painful.

The new law allowing cameras in patient rooms will help families and their attorneys build a case against an institution that has chosen to save pennies rather than fulfill their duty of care toward their patients. Much of nursing home negligence law deals with situations that require a battle between the statements of the alleged abuser and his/her powerful institutional attorneys, versus the story of the victim and any witnesses who may come forward. Unfortunately in many situations, if there are any witnesses to abusive behavior, they are often too afraid to speak out on behalf of patients as they rely on their job to care for their own families. The ability to record the care provided to each and every patient will provide victims with a new ally that will help catch their abusers in action.

The Law Offices of Robert T. Edens, P.C.

Questions?

If you are concerned about the level of care a loved one is receiving from a long-term care facility in Lake County, call the Law Offices of Robert T. Edens, P.C today and speak to an experienced attorney. Our team knows the law and can help you recover damages for your family and ensure facilities are following the law.

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The Windy City: Driving Under Pressure

Anyone who has spent time in Lake County understands that wind is just another part of everyday life. It is something that cannot be avoided, but also should not be underestimated. Many drivers tend to do just that as it is sometimes very difficult to determine just how dangerous wind conditions are while sitting behind the wheel of their cars. It is at this point that the wind can be at its deadliest, as drivers across the country have discovered only after it is too late. Another mistake that drivers make with regard to such accidents happens after the crash, when they are trying to put the pieces of their lives back together. What drivers may not realize is that just because wind contributed to an accident in which they were injured does not mean they have no recourse when it comes to recovery.

Contributing causes

Whenever heavy wind gusts are likely on highways, drivers should use extreme caution, especially if the road takes them over bridges or points that do not have tree cover along the sides of the highway. These areas can create tunnels of moving air so fast that cars shake and trucks topple. The higher a car or truck is, and the narrower the wheelbase, the higher the chance is that an accident may occur. Further, drivers should be clear minded and alert, as well as making sure they keep a firm grasp on the wheel. Other techniques that drivers can use to be safer while driving in high winds include (as much as possible) trying to anticipate wind gusts as well as being extra careful when passing or being passed by a large vehicle. Failure to use caution can be considered a contributing factor in the event an accident occurs.

Contributing factors may translate into a finding of contributing negligence in a courtroom when a court or jury is deciding who was at fault for damages after an accident. Failure to use caution under the conditions at the time of the accident (such as wind) could lead to a seemingly unstoppable chain reaction that causes thousands of dollars in damage to person and property. For example, if a semi-truck driver allows his trailer to sway into another lane where a driver who is not paying attention is struck, it could lead to a pileup of vehicles that causes both vehicles to bring traffic to a standstill.

In Illinois, if an injured person brings a lawsuit to recover damages after an accident, any award that he or she is given may be reduced by the percentage of fault they share with the other drivers involved in the accident. This concept is known as contributory negligence and, in many cases, can be avoided by learning principles of careful driving and putting them into practice in everyday life.

The Law Offices of Robert T. Edens, P.C.

Need Help?

Everyone knows that accidents and car crashes are not completely avoidable, or it is very likely that they would not occur so frequently. However, if you are involved in a car accident during dangerous weather conditions, you may not be without recourse. Call the Law Offices of Robert T. Edens, P.C today and speak to an experienced attorney about your case. We can guide you through Illinois law and handle all aspects of your case to help you obtain maximum recovery for your injuries.