Chicago Personal Injury Lawyer Daniel M. Kotin Elected to the American Board … – Benzinga
Chicago Personal Injury Lawyer Daniel M. Kotin Elected to the American Board …BenzingaChicago personal injury lawyer Daniel M. Kotin obtained his J.D. from Loyola University Chicago School of Law and obtained his B.A. from Boston College. He concentrates his legal practice in personal injury, wrongful death, and medical malpractice.and more »
“I am Calling My Lawyer” (Chicago’s Personal Injury Attorneys) Launch … – Press Release Rocket
“I am Calling My Lawyer” (Chicago’s Personal Injury Attorneys) Launch …Press Release Rocket
ICML feel that everyone who is looking for a a personal injury attorney in Chicago should have passionate, experienced help. ICML fight for you and your best interest, and to prove it to you, ICML have instilled the policy of, If you don’t get paid …
Sweet: Cellphone video sparks sex probe of Chicago air marshals – Chicago Sun-Times
Sweet: Cellphone video sparks sex probe of Chicago air marshalsChicago Sun-Times
House Oversight and Government Reform Committee Chairman Rep. Jason Chaffetz, R-Utah speaks speaks on Capitol Hill in Washington, Thursday, Sept. 17, 2017, during a joint Oversight and Reform Committee-Natural Resources Committee hearing on …and more »
Can I claim compensation after falling or slipping on ice?
If you have been unfortunate enough to have suffered an injury on the ice during the cold snap, you could be able to make a no win no fee claim. The vast majority of these types of accidents usually fall down to the responsibility of the local authority or council. There is a lot of debate about how far a council should go where gritting and salting is concerned, and is has to be accepted that despite best efforts no council would be able to grit/salt every pavement, public area or highway during a bad cold weather spell. You have to bear this in mind when wanting to make this type of claim because sometimes it isn’t feasible.
The law on this matter is very varied as are the opinions of different solicitors; as a result a lot of the claims fail because they don’t meet vital criteria. You could claim liability under the Occupiers’ Liability Act 1980; under this act the occupiers of offices, shops, car parks and similar places have a much higher obligation to take reasonable precautions to ensure the safety of its visitors from falling on ice.
There are Highway Authorities that have the mistaken belief they cannot be held accountable for personal injury claims for failing to de-ice their roads, they are wrong. The occupants of the premises are required to take account of the weather forecasts and to also have salt in stock for icy conditions, they have to clear a safe path through snow, and also put up warning notices or alternatively shut the premises if they cannot make it safe. It isn’t a defence to say that the members of the public were invited to use the premises but ran their own risk of skidding on snow/ice. A defendant cannot make a defence by claiming that the cost of a remedy is too high because when this is taking into consideration with the cost of compensation claims, the remedy will be considered reasonable under the circumstances. Judges could find negligence in some of these circumstances; if there is no system for spreading salt/grit; or if there is a system in place for spreading salt/grit, the spreading of it doesn’t follow the system that is in place or the system itself isn’t adequate. An example of this would be if there had been no consideration of a weather forecast or no salt/grit in stock, also if other occupiers have themselves gritted but the defendant hasn’t, if there is no equipment or tools available to clear ice and snow or for spreading grit/salt; and if the Highways Authority has failed to comply with the “Code of Good Practice” or its own local practice standards.
These cases will undergo the usual tests of seeing if reasonable actions have been taken to remove any dangers caused by ice or snow, and this is a good indicator if a claimant has a potential case for compensation.
Recent Train Accident Devastates Southern California
On September 12, a train accident devastated the San Fernando Valley in southern California. A Metrolink train carrying 225 people crashed into a freight train, causing the country’s deadliest commuter train accident in almost 40 years.
An engineer on the commuter train ran a red signal and crashed head on with the freight train. Both trains were moving at approximately 40 miles per hour at the time of the accident, and railroad officials indicated that the track signal was working properly.
Tragically, 25 people died in the wreck. There were another 135 people who were injured, 40 of whom were in critical condition. This crash rivals a 1972 Chicago commuter train wreck and a 1993 Amtrak crash in Alabama as one of the most catastrophic railroad accidents in recent years. The 1972 Chicago accident resulted in 45 fatalities, while the 1993 Amtrak crash killed 47.
It appears that the engineer responsible for this month’s Metrolink accident may have been texting with a local teenager just before the crash. Nick Williams, the local teen, said he received three text messages from the engineer that afternoon. The last one arrived just one minute before the collision.
Railroad accidents frequently cause catastrophic injury and death due to the size of the trains and the speed at which they travel. Unfortunately, these accidents have been on the rise over the last few years. The Federal Highway Administration has found that a train hits a pedestrian or motor vehicle once every two hours.
According to the Federal Railroad Administration’s Office of Safety Analysis, there were 13,067 train accidents in 2007 alone. Those accidents resulted in 851 deaths and 8,801 injuries.
The numbers for 2008 will most likely turn out to be even more alarming. From January 2008 to March 2008, 4,875 railroad accidents were reported, resulting in 309 fatalities and 3,223 injuries.
The most common injuries stemming from train accidents include:
· Brain trauma
· Spinal cord injuries
· Burn injuries
· Internal and soft tissue injuries
Causes of Train Accidents
In 2007, the two biggest factors responsible for railroad accidents were human factors (38.2% of crashes) and track defects (34.94% of crashes). Other main causes of train wrecks include:
· Human error
· Railroad employee intoxicated at work
· Collapsing bridge
· Faulty track or rail inspection
· Defective railroad crossings
· Collision with another train
· Collision with a motor vehicle
· Operator fatigue
· Poorly maintained tracks
· Signal defects
· Excessive speed
What are your Rights?
The Federal Employers Liability Act (FELA) protects railroad workers in cases where an accident was caused by negligence on the part of the railroad company. Unlike typical workers’ compensation laws, FELA allows a railroad employee to sue employers in these situations.
If you are a civilian who has been injured in a railroad accident, you have rights as well. You can generally sue the party responsible for the wreck and recover all appropriate damages – medical expenses, loss of wages due to injuries, punitive damages when appropriate, etc.
The railroad companies are legally responsible for train and track maintenance. Unfortunately, in recent years, many railroad companies have been deferring maintenance on tracks and equipment in order to improve profits. Currently, the number of railroad maintenance workers is half of the total 20 years ago.
It is important to consult an experienced personal injury lawyer if you have been involved in a train accident. Hiring a lawyer will ensure that your rights are protected and that you receive a fair settlement for your injuries.
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