Like any auto accident, construction zone settlements are determined by liability. Who is responsible for work zone accidents and injuries? Generally speaking, one of two parties are liable: the automobile driver or the entity that established the construction zone. Depending on the facts of the case, either one (or both) of these parties can be held accountable for the accident.

When the Driver Causes an Accident

Unsafe driving is one of the most common reasons for construction / work zone accidents. Construction zones are  inconvenient, which provokes some drivers to behave irrationally. Common forms of driver negligence include:

• Speeding
• Inattention
• Texting
• Tailgating

Additionally, divers may fail to adhere to special construction zone signs. This might include new traffic patterns, reduced speed limits, or instructions from construction workers.

When the Construction Company is Liable

Sometimes, accidents are caused by the construction company or entity that set up the work zone. Because work zones involve complex traffic patterns, it is imperative that the workers create clearly marked lanes for drivers.
These markers should also provide sufficient time for vehicle to reenter the flow of traffic.

Common forms of construction zone negligence are:

• Missing / Improper Signs
• Construction Driver Errors
• Poorly Marked Hazards
• Improper Driving Instructions

To learn more about your rights after a serious car accident, get in touch with a Chicago accident lawyer from the Duncan Law Group today. Contact us online to schedule a free consultation.

[Updated December 2020]

The Chicago personal injury attorneys at the Duncan Law Group are frequently asked the question, “Will I have to take my case to trial?” At first glance, it is nearly impossible to tell; however, it is important to note that upwards of 95% of all personal injury claims are settled long before their day in court. This is largely due to the fact that both sides have already conducted their own investigations and come up with a reasonable value for the claim. If both sides arrive at similar figures, there would be no need to take the case to trial. Instead, it would make more sense to negotiate a settlement – even if it takes time to reach a final agreement.

When you should settle vs. going to trial

Depending on the circumstances of your case, your attorney may either recommend that you accept the final settlement offer or push on to trial. There are several different factors that will go into this decision. For one, there is no way to know how a jury will view your case. While it is reasonable to expect that the counsel for both the plaintiff and the defendant would be able to negotiate a fair settlement that is based on the facts of your case, there is no way to know what type of evidence the jury will find relevant. Unfortunately, the jury could surprise you with an unfavorable verdict.

On the other hand, the jury could hand down an award that is worth significantly more than what the defendant had offered during negotiations. For this reason, it would be in your best interest to work with a personal injury lawyer who can offer the experience, insight, and skill that you will need. The team at Duncan Law Group has already recovered tens of millions of dollars in compensation on behalf of former clients, and we did so by knowing when to settle and knowing when to take a case to trial. Every case is different, so you need to hire an attorney who will keep your best interests in mind.

Making the Final Decision to Go to Trial

Under certain circumstances, it may be advisable that you take your chances in court. For example, if the other party is unwilling to offer more than $100,000 when your case is really worth $900,000 – or possibly even more – your Chicago personal injury lawyer may recommend that you pursue a more favorable resolution at trial. If you were to accept an unreasonable settlement, that would be the end to your case, so you should trust in the guidance of your attorney before saying “no” to the possibility of trial. Contact the Duncan Law Group today to learn more about your options.

When you come to our firm for help with your personal injury claim, whether that requires us to negotiate with the insurance company or pursue your case in court, you can trust that we know what it takes to win. Our lead attorney has been honored with a number of prestigious accolades – which includes being named to the Super Lawyers® list and The National Trial Lawyers: Top 40 Under 40 – which is a testament to the fact that he offers the outstanding legal representation that his clients deserve. Don’t settle for less; hire an experienced injury attorney from Duncan Law Group today.

Call our office today at (312) 202-3283 to set up a free initial consultation.

Katie Ross, Associate, Duncan Law Group

Our Chicago brain injury attorneys see athletes with serious brain injuries time and time again. Recent news stories have placed a spotlight on the dangers, risks, and warning signs associated with concussions and related types of head injuries. It is now well-established that concussions – once thought of as a rite of passage for young athletes in contact sports such as football and hockey – are actually a form of “mild traumatic brain injury.” Medicine and science now recognize that hits to the head that were previously ignored or overlooked as minor injuries can have significant short and long-term consequences. Despite the increasing medical evidence that concussions have long-term effects including limitations on activities and the ability to perform at work or school, many insurance companies continue to deny the significance of concussions and refuse to compensate victims.

Unfortunately, most of us are already familiar with concussions and traumatic brain injuries from causes far more common than being on the playing field as a professional athlete. Whether it’s your child who experienced a hard hit in a pee-wee league football game, a cracked helmet and dizziness after a fall from a bicycle, or a dazed feeling and headache following a car collision, more people are recognizing the signs and symptoms of concussions and traumatic brain injuries. With the help of their doctors, more victims of concussions are able to make timely recoveries by receiving a proper diagnosis, treatment plan, and follow-up care.

Minor concussions are more severe than you may think

Many of us know that the symptoms of a concussion or mild traumatic brain injury can include headaches, dizziness, and nausea, but most people do not realize that a victim of a concussion does not always have a loss of consciousness. Even a “minor” concussion can result in symptoms that cause extreme discomfort and limit and restrict an individual’s everyday activities. These symptoms can prevent victims from being able to return to their normal activities and can make simple tasks like completing schoolwork or performing at your job difficult.

Additionally, new research and long-term follow-up monitoring of victims of concussions have revealed more subtle, and easier to miss, long-term symptoms including changes in mood or behavior, trouble with concentration and memory, and changes in sleep patterns. There is less public knowledge and awareness of these emotional and psychological symptoms related to a concussion. It can be difficult for victims to explain to others (like their bosses or teachers) how the concussion has affected their ability to participate in activities or perform at the level that they did before they were injured. Some victims of concussions may also develop post-concussive syndrome, a condition in which the signs and symptoms of a concussion remain for many months or years.

Suffered a TBI? Contact an Attorney

If you have suffered a concussion or mild traumatic brain injury because you’ve been the victim of a personal injury, you need a Chicago personal injury attorney behind you. At Duncan Law Group, we have experience helping victims of concussions and related traumatic head and brain injuries caused by the negligence of others. If you were injured in a motor vehicle collision, because of an altercation with another person, or the victim of a sports injury caused by someone else, we can help. Please contact us today for a free consultation.

Duncan Law Group is pleased to announce the addition of a new attorney at our law firm. Brian K. Hetzer joins the team as a personal injury lawyer who has trial experience in medical negligence, nursing home negligence, work injuries, and motor vehicle accidents throughout the state of Illinois. He has handled cases in over eighty counties throughout the state and he has a successful track record of getting results for his clients.

A graduate of Southern Illinois University’s School of Law, Brian is recognized for his legal work, getting referrals from other lawyers throughout the state and earning accolades such as being named a Top 100 Civil Plaintiff Trial Lawyer in Illinois and Emerging Lawyer from Leading Lawyers. He holds memberships to the Illinois Trial Lawyers Association, Chicago Bar Association, and Illinois State Bar Association.

In addition to his legal work, Brian is also on the board of a local Boys and Girls Club chapter, and he volunteers helping immigrants with their citizenship applications at a nonprofit organization. Duncan Law Group is honored to have him on our team.

Never Settle for Less

If you’ve been injured at the hands of a reckless or negligent party, you need to hire a legal team that has demonstrated success and can advocate fiercely for you in court. Duncan Law Group is committed to working tirelessly to recover damages for our injured clients because they deserve it. Our team includes lawyers who have been selected to Super Lawyers lists and are recognized among our peers for our hard work. If you’re ready to begin your personal injury claim, you don’t need to go through the process alone. We’re here to help.

Call (312) 202-3283, or contact us online for quality service and legal counsel from Duncan Law Group. Our decorated lawyers of decades of experience in personal injury law, and have recovered tens of millions of dollars for our clients.

Duncan Law Group is pleased to announce that founder, Bob Duncan, has been named to the list of Super Lawyers for the sixth year in a row and third Top 100: Illinois Super Lawyer selection in the last five years.

Super Lawyers is a rating service that allows lawyers to nominate their peers to be highlighted for their professional achievements. Lawyers that make the list are selected through peer nominations, evaluations, and independent research. Attorney Duncan has been selected to the list from 2015 to 2020.

About Attorney Duncan

Attorney Duncan has represented clients who have suffered from injuries in cases ranging from medical malpractice to catastrophic personal injury and has experience in both federal and state courts. In addition to his personal injury and medical negligence practice, Attorney Duncan represents thousands of individuals in class action cases against some of the largest corporate institutions in the United States.

A 2002 graduate from the University of Illinois College of Law, he’s also been recognized on the Top 40 Under 40 for the National Trial Lawyers Association from 2012 to 2017 and is regularly invited to speak at seminars on topics including civil practice and procedure. View Attorney Robert Duncan’s CV here.

Tens of Millions Recovered for Injured Clients

At Duncan Law Group, our attorneys take client recovery seriously. We empathize with individuals who have been harmed as a result of another’s negligence and work tirelessly to ensure our clients receive the compensation they’re owed for their injuries, which can include medical bills, lost wages, and property damage. Our team of accomplished Chicago personal injury attorneys has recovered tens of millions of dollars on behalf of our clients, proving our dedication to helping the injured heal and move on with their lives.

If you want to seek justice for your injuries, look no further than Duncan Law Group. Call our personal injury law firm today at (312) 202-3283, or contact us online.

General Motors is currently being sued by two different Texas families after allegedly defective head restraints caused one man’s death and left another paralyzed from the neck down. Both of the injured individuals drove the 2016 Chevy Malibu, a popular sedan that actually received promising safety marks in both side and front impact crash tests. However, both lawsuits state that the danger comes when the car is struck from the rear, causing the headrests to disconnect, harming either the driver or passenger.

The Lawsuits

One of the incidents involved Randy Davis, a 46-year-old Houston resident who was rear-ended by a truck in October 2017. During the crash, the entire head restraint came off the seat, leading Davis to be internally decapitated. Davis’s product liability attorney states that the crash was low-impact and should not have had the deadly outcome that it did. Davis’s family blames General Motors for the serious safety flaw.

In a similar crash, 71-year-old Johnny Anderson became paralyzed when his head restraint broke after a truck rear-ended his vehicle. In this particular crash, the truck that hit Anderson was going only 10 miles an hour. Again, this type of impact from a truck accident should not have led to life-altering injuries. As a result of the projectile head restraint, Anderson is now a C1, C2 quadriplegic.

General Motors & Safety Flaws

GM holds that they followed all safety regulations when building their vehicles, despite claims that the posts used in their head restraints for the Chevrolet Malibu are unsafe. The rods used to hold the headrest in place have been hollowed out and are made of a cheap, flimsy metal, which is what makes it possible for the restraints to snap so easily under minimal pressure. Although the Chevy Malibu tests well for front and side-impact safety, the safety in rear-end collisions is not mentioned. To learn more about this incident, visit fox4news.com.

The dangers of these faulty headrests are relatively unknown, making this hazard particularly dangerous to the general public. If you or someone you love was injured in a crash involving a defective vehicle, including the GM head restraints, our firm wants to help. Our experienced personal injury attorneys in Chicago can help you fight for compensation after an injury, including medical expenses, loss of wages, pain and suffering, and other damages.

To get started on your personal injury case, contact Duncan Law Group to request a free consultation with our Chicago attorneys.

In late March 2018, an Arizona woman was crossing the street late at night when a self-driving Uber struck and killed her. It marked the first-ever fatal pedestrian accident on record that was seemingly caused entirely by a “smart” car. Now, safety groups like the National Highway Traffic Safety Administration (NHTSA) and the National Safety Council (NSC) are being forced to once again ask the pressing question: “Are driverless vehicles safe now, or will they ever be safe enough to put on our roads?”

Details Behind the Fatal Self-Driving Accident

Around 10:00 PM in Tempe, Arizona, a woman was crossing the street while walking alongside her bicycle. A self-driving Volvo operated by Uber, the international ridesharing company, was rolling down the street at roughly 40 miles per hour. There was a “safety driver” behind the wheel but she was not actually in control of the vehicle when it hit the pedestrian, causing her to suffer injuries that led to her death shortly afterward.

The situation at a cursory glance seems to put all the blame on the autonomous vehicle, but liability is not so clear when the details are brought to light. The pedestrian was crossing the four-lane street illegally, and she was also not wearing reflective colors despite the darkness of the night. On the other hand, the safety driver in the Uber, who is tasked with taking control of the vehicle in an emergency, looks to be checking her smartphone at the time. If she had been paying full attention, then she might have feasibly seen the pedestrian, slammed the brakes, and turned the wheel to prevent the accident.

More complications arose after designers of the autonomous technology claimed Uber had turned off its safety features before the crash. According to statements from a few tech manufacturers, the self-driving vehicle apparently did detect the pedestrian approaching but could make no emergency maneuvers since the systems were mostly disabled. Does this put all liability back on Uber? Possibly. The ridesharing giant already paid an undisclosed compensation amount to the surviving family of the decedent, which could be interpreted as an unspoken admission of guilt.

How Can Self-Driving Vehicles Become Safer?

The clouded question of liability in the fatal Tempe accident does not lend a helping hand to either side of the argument regarding self-driving vehicle safety. It can be said quite confidently that Uber, the autonomous system designers, and the pedestrian herself all shared some liability for the crash. However, until more develops are made and a better investigation of the incident is conducted, Uber has agreed to suspend most of its self-driving vehicles from service across the country.

Tech firms are now looking at a challenge: perfect autonomous vehicle technology and systems sooner than later, or risk a total removal of that future possibility. As far as pedestrians and motorists in traditional vehicles, it is more important than ever to be aware of driverless cars on the road. People using self-driving vehicles are likely to have a false sense of security regarding the effectiveness of the crash-avoidance technology. The behavior of the safety driver in the Tempe collision indicates as much.

(For more information about this ongoing story, you can click here to view a full article from CNET.)

Contact Us

Were you hurt in a car accident caused by a self-driving vehicle, or a distracted driver abusing the features of a smart car? Let Duncan Law Group and our Chicago car accident lawyers know about it during a free consultation. We proudly represent the wrongfully injured with the skills and experience needed to take on opposition of any size, including car manufacturers, ridesharing companies, trucking companies, and tech firms that design self-driving systems. Find out more by contacting us today.

As parents, we want our children to be as safe as possible. However, we also may graduate them from booster seats before they are ready, putting them at risk for serious injuries. It is important to keep your children in properly sized car seats, even if they want to feel all grown up and sit with you in the front seat.

Thousands of children are injured each year in car accidents, often because they were not properly restrained in car seats. While it may be tempting to give in to your child’s begging and allow him or her to ride without a car seat, this is a dangerous idea. Our Chicago injury lawyers want you to be informed of the guidelines regarding car seats so you can help your son or daughter avoid injuries and stay safe.

Guidelines for Child Car Seat Safety

There are several guidelines regarding child car seat safety.

These are based on the suggestions by the American Academy of Pediatrics (AAP):

• Children under the age of 1 should be kept in a rear-facing car seat designed for infants
• Children ages 1-3 should be kept in a rear-facing car seat
• Children ages 4-7 should be kept in a forward-facing car seat with a 5-point harness
• Children ages 8-12 should be kept in a belt-positioning booster seat
• Children up to the age of 13 should be kept in the backseat

It is important to remember that these are just guidelines. You should read the height and weight recommendations of the particular car seat you are using, and avoid moving your child to the next level prematurely. As a rule, your child should be at least 4 feet, 9 inches tall before riding without a booster seat. The lap belt should rest snuggly on the top of his or her upper thighs, not on the stomach. By following the directions of the car seat manufacturers and keeping your son or daughter in a properly sized car seat, you can help avoid injuries.

Duncan Law Group Provides Diligent Representation to Injured Clients

If you or a loved one have been injured because of someone else’s negligence, Duncan Law Group is here to help. Our firm has guided hundreds of clients to beneficial outcomes. We will analyze your situation, discuss your options, and tenaciously uphold your right to a settlement. With tens of millions of dollars recovered for our clients, our compassionate Chicago car accident attorneys will work tirelessly on your behalf as you seek justice from those responsible.

Contact our firm today to schedule a free consultation.

Our team at Duncan Law Group is proud to announce the recognition of our founding attorney, Robert Duncan, as a selected attorney for the Top 100 in Illinois by Super Lawyers 2018.

This is the second time in two years (2016) that Attorney Duncan has been selected for this award. This prestigious recognition honors some of the best lawyers in the nation, choosing only the best 100 in each state. Candidates are only selected for recognition after undergoing extensive evaluation and research. Our firm is proud of Attorney Duncan’s most recent accomplishment and we are pleased to share this news with our clients and associates.

What is Super Lawyers?

Super Lawyers is an honored, well-known rating service that recognizes the best attorneys throughout the nation in annually released lists. Candidates are first nominated, and then undergo evaluations for professional activity, education, honors, awards, experience, verdicts and settlements, and the typical client base. The Super Lawyers research team will also conduct independent research to affirm that each nominee is in good standing with his or her local bar.

How are Candidates Recognized?

After candidates have been examined for eligibility, the remaining contenders will receive peer evaluations from the Super Lawyers Blue Ribbon Panel. At last, the final lists for each state or region will be drawn up, recognizing only 5% of the lawyers in each state for their excellence in the legal field.

About Attorney Robert Duncan

Attorney Robert Duncan has been included in various Super Lawyers lists since 2010, and we are proud to see his continued success and achievements in the legal world. Attorney Duncan is passionate about personal injury, and his practice currently focuses on representing plaintiffs who have suffered catastrophic injuries, as well as cases of medical malpractice and wrongful death. Throughout his career, Attorney Duncan has tried cases to verdict in both State and Federal Courts and has worked tirelessly to obtain millions of dollars on behalf of his clients.

For help with a personal injury case, contact Duncan Law Group to request a free consultation with our Chicago attorneys.