Earlier this year, the Illinois Department of Transportation (IDOT) issued a press release regarding several important traffic laws that took effect for 2013. IDOT places an emphasis on public safety and is heavily involved in a number of initiatives to keep public roads and highways in Chicago  and throughout the state free from preventable accidents. For 2013, IDOT announced three important pieces of legislation local motorists should be aware of when venturing onto public roadways. These traffic safety laws include:

Senate Bill 2488 – Cell Phone Use

SB 2488 prohibits cell phone use in construction zones and maintenance speed zones, regardless of the posted speed limit. Drivers are still allowed to use hands-free devices when using their cell phones. Under previous laws, speed limits had to be lower than posted limits in order for an area to be considered a work or construction zone. Now, cell phone use – with the exception of hands-free use – is prohibited in all work and construction zones, no matter the speed limit.

House Bill 5101 – Texting While Driving

Illinois now explicitly prohibits drivers of commercial motor vehicles from texting or using a hand-held cell phone behind the wheel. The law applies to drivers of freight bearing commercial vehicles and passenger carrying commercial vehicles.

Senate Bill 3409 – Moving Vehicles After an Accident

SB 3409 allows drivers who have been involved in auto accidents resulting only in vehicle damage to move their vehicles off the highway and to the closest safe location, such as an exit ramp shoulder, frontage road, or nearby cross street. The goal behind this law is to reduce the risks of accidents occurring when vehicles involved in an accident obstruct traffic.

IDOT announced that law enforcement officers throughout the state will be enforcing these new laws, in addition to the existing traffic and drunk driving laws currently in place. Unfortunately, however, not all motorists will obey them.

If you or someone you care about has been injured by a driver who acted negligently or failed to abide by the law, you have the right to pursue a recovery of your losses by a filing a personal injury claim. During these difficult experiences, you can turn to a Chicago car accident attorney from Duncan Law Group to provide you with the sincere support and experienced representation you need to obtain full and fair compensation. Contact our firm to learn more about your claim and how a lawyer from Duncan Law Group can help.

Earlier this week, a 37-year-old Chicago man was sentenced to 15 years in prison for causing the deaths of a 35-year-old mother and her 16-year-old son in 2011. Three other children were also injured in the accident.

The sentencing came nearly two years after the tragic incident occurred on August, 9, 2011 in the Northwest Side of Chicago. According to court reports, the Chicago man was rushing to pick up his girlfriend in his Ford Mustang. While traveling south on Austin Avenue at high speeds, he slammed into a Honda Civic as it was exiting Sunnyside Avenue. The 35-year-old mother and her 16-year-old son, a student at Taft High School, suffered fatal injuries during the collision.

Three other children – the woman’s stepson, son, and a family friend – were also injured in the car crash. One victim, a high school student at the time, suffered injuries severe enough to leave his vision and hearing permanently damaged on the left side of his head. He was forced to give up his dreams of becoming a U.S. Marine. The woman’s then three-year-old son suffered a broken leg and a then 16-year-old family friend suffered a fractured pelvis. The
vehicle was traveling to Wisconsin for an end-of-summer camping trip.

At the time, the man did not have a driver’s license and according to authorities, did not have a valid license since at least 2003. Cook County prosecutors had also revealed that the man continued to drive and accumulate a number of tickets without a license. Upon investigation of the incident, the man tested positive for cannabis (marijuana), but was later found not guilty by a Leighton jury on counts of impaired driving. His attorneys argued that the amount of marijuana present in the man’s system were so small that they could have come from second hand smoke or from ingestion of marijuana days or weeks before the incident. Jurors eventually convicted him on several counts of
aggravated DUI and reckless homicide.

Proving Fault & Liability in Chicago Car Accidents

Although arguments exist as to whether the man in this incident was truly impaired at the time this collision occurred, the case does serve to illustrate a few important points victims should understand after they’ve suffered damages in a car accident. First, the man in this case was held accountable for his actions. Regardless of whether he was driving under the influence or not, the man was responsible for causing the accident. At the time of the collision, he was also speeding. By illustrating these factors and presenting them clearly and convincingly in court, Attorney Robert Duncan – our firm’s founding lawyer – can ensure that the at-fault party in your case is held financially liable for the losses you incurred, including your physical, emotional, and financial damages.

In car accident cases, injured victims and their attorneys should focus n presenting any and all evidence that another driver’s negligence, carelessness, or wrongful act resulted in their accident and injury. Speeding, driving under the influence, and driving without a license – all of which the man in this case did – are aggravating circumstances
that can be used to establish fault and liability, as well as to provide sufficient reason for local jurisdictions to pursue criminal charges. Whatever factors may have contributed to your accident, a Chicago car accident attorney from the firm is prepared to personally review your case, inform you of your right to recover your damages, and fight aggressively on your behalf to secure the compensation you rightfully deserve. Contact Duncan Law Group to learn more.

Victims and families who have suffered damages at the hands of another individual or corporation have the legal right to file personal injury claims to hold the at-fault parties liable for their losses. In order to prove their side of the story, victims (plaintiffs) – or their attorneys – must present a certain standard of evidence known as the burden of proof. As plaintiffs are bringing these legal actions, the burden of proof becomes their responsibility.

Proving that another is at fault for causing an accident and / or injury is not always a simple feat. Within the legal system, there exists different types of standards that must be proven in order for a jury or judge to rule in favor of one party or the other. Most personal injury cases and mass tort claims – such as asbestos / mesothelioma claims – will require an injured victim to prove a legal standard known as preponderance of the evidence. As a burden of proof, preponderance of the evidence requires juries or judges to rule in favor of the greater weight of evidence.

Understanding Burden of Proof in Illinois

Understanding preponderance of the evidence may be easier when you compare it to other burdens of proof in our legal system: clear and convincing evidence and beyond a reasonable doubt. Preponderance of the evidence requires injured plaintiffs to support their story with stronger evidence than the defendant has to support their case and that their story is more likely to be true than not. If successful in proving this, victims may be entitled to compensation, even if the margin of their evidence against the defendant’s was narrow. With clear and convincing evidence, however, plaintiffs in certain civil cases must prove that their case is substantially “more likely than not,” a slightly higher burden of proof. Beyond a reasonable doubt, on the other hand, is the highest standard of evidence and is used in criminal cases. This standard requires prosecutors to prove that defendants are guilty beyond a reasonable doubt. If there is no doubt, or if doubts are unreasonable, juries and judges should pronounce a defendant guilty.

In personal injury cases, proving that the defendant is responsible for a victim’s injury is often the most important legal element. In order to prove that a defendant is at fault, plaintiffs should work with a Chicago personal injury attorney who has the ability and resources to conduct thorough investigations, secure the necessary evidence, and present this evidence strongly and in your favor. When this standard of proof is met, attorneys will then focus on demonstrating the extent of a victim’s injuries so that full and fair compensation can be obtained. If you would like to learn more about the ways in which a Chicago attorney from the firm can help you establish another’s fault and liability during a personal injury claim, contact Duncan Law Group today.

Each year, thousands of people suffer injuries as the result of a business or premises owners failure to provide safe conditions. When it comes to accidents that occur on others’ properties, slips, trips, and falls are among the most common. According to statistics published by the Centers for Disease Control and Prevention (CDC), more than one million Americans sustain injuries in a slip, trip, or fall accident each year, with more than 17,000 of these accidents resulting in death. Slip and fall accidents also account for a considerable percentage of workplace injuries.

Understanding your rights as an injured victim and the areas of law that apply to your case can aid you in determining the validity of your personal injury claim. Nearly all business and premises owners that make their properties available to the public are held to strict legal standards and regulations. An area of law known as premises liability establishes many of the legal elements that can be used in your slip and fall case.

What is premises liability?

Premises liability essentially holds premises owners – which can include corporate franchise businesses, property owners, and others – responsible for the safety of the visitors and guests that visit their property. In certain cases, premises liability may also apply to licensees, or individuals who are given permission to enter or work on a property. Additionally, employees who are injured as the result of an employer’s failures to provide safe conditions may also be covered by premises liability law.

In simple terms, premises owners are legally obligated to provide safe and healthy conditions and to take reasonable measures that keep visitors and guests free from preventable harm. When they fail to do so and accidents occur, injured victims have the right to hold premises owners accountable and financially liable for the damages they suffer, including their physical, emotional, and / or financial damages.

Failing to provide safe conditions can arise in many different ways. A premises owner’s failure to address potential hazards that they knew – or should have known – about is one of the most common instances. Crumbling stairs, uneven or broken flooring, wet and slippery floors, open holes, and insufficient lighting are prime examples of the potential dangers premises owners should address to ensure the safety of guests. Failing to warn about potential hazards and committing various health or safety violations are also common examples of a property owner’s failure to provide safe conditions.

Securing Full & Fair Compensation

By filing a personal injury claim on the basis of premises liability law, injured victims will have the opportunity to present evidence that a premises owner failed to uphold their legal duty – a duty to keep visitors and guests safe from preventable harm. Proving this element is no easy feat, and it demands the attention of a seasoned personal injury attorney. At Duncan Law Group, a Chicago personal injury lawyer can assist you in conducting investigations, securing the necessary evidence, and negotiating or litigating on your behalf. As slip and fall accidents commonly involve large corporations and businesses, working with resourceful, experienced, and bold attorneys is also of the utmost importance.

Securing full and fair compensation is always the ultimate goal in personal injury cases. By working with the firm, you can learn more about your rights and about the ways in which Attorney Bob Duncan can use his exceptional legal abilities to maximize the recovery of your damages. If you or your loved one has been injured in a slip and fall accident on another’s property, do not hesitate to assert your rights and retain the help of a passionate attorney. For more information, contact Duncan Law Group today.

Injured victims and families who have suffered losses at the hands of another will often have the right to recover their damages by filing a personal injury – or wrongful death – claim against the at-fault party. Personal injury claims are designed to provide proof that another person or entity is responsible for causing harm to a victim and that they must be held financially liable for compensating that victim, and if applicable, certain family members. As victims are often faced with tremendous financial strains and setbacks in the wake of tragedy and injury, they nearly always depend on court-ordered compensation to get their lives back on track. The following information can help local victims and families in Chicago and the surrounding areas better understand how the state of Illinois awards compensation in personal injury cases.

While each case is unique and although compensation will vary depending on the specific facts and circumstances of a claim, Illinois statutory law creates a general guideline for the ways in which monetary compensation is awarded to injured victims and certain eligible family members. Regardless of the case at hand, compensation will be awarded to cover any physical, emotional, and / or financial damages that arise directly from a victim’s accident or injury. Compensation for these damages will be awarded in the form of economic damages, non-economic damages, and – in certain cases – punitive damages.

Economic Damages

When awarding victims compensation for economic damages, courts will take a number of factors into consideration, including medical expenses, the costs of treatment and projected future care, lost work wages and future earnings, the costs of any psychological treatment, and other financial expenses that result directly from a victim’s injuries and accident.

Non-Economic Damages

Non-economic damages generally refer to the emotional and non-tangible injuries suffered by victims and their loved ones. While pain and suffering, mental anguish, and the psychological damages endured by a victim’s families are difficult to equate in monetary sums, courts will carefully review these elements when awarding victims fair compensation for their non-economic damages.

Punitive Damages

Punitive damages are a form of exemplary damages that are designed to further punish wrongdoers for gross acts of negligence or misconduct. Punitive damages are not awarded in every case, but when they are applicable, they can be used to help victims obtain further justice and additional compensation. Drunk driving accidents, for instance, commonly award victims punitive damages because drunk driving is an act any reasonable person should know to be dangerous, negligent, and illegal.

At Duncan Law Group, you can find the resourceful and aggressive representation you need to file a personal injury claim and obtain the compensation you rightfully deserve. Attorney Robert Duncan has spent years advocating on behalf of injured victims and their families, and he is committed to helping them obtain the maximum compensation possible. If you or your loved one has recently been injured and would like more information about your right to recover your damages, please do not hesitate to bring your case to the attention of an experienced Chicago personal injury lawyer. To get in touch with our firm, contact Duncan Law Group online today.

Attorney Robert Duncan, founding lawyer of the Duncan Law Group, recently recognized various Illinois residents for their continued commitment to improving the local community. On June 19, 2013, Attorney Duncan gave the introductory remarks at the Illinois State Crime Commission’s annual awards dinner, recognizing numerous leaders in the community for their efforts to improve public safety and law enforcement.

Attorney Duncan, who is President of the Illinois State Crime Commission, bestowed praise on numerous community leaders during the event, making his salute to those who make a difference an honor to appreciate their efforts and an opportunity to encourage new endeavors in the future.

The Illinois State Crime Commission is a charitable organization committed to helping local law enforcement agencies find insightful, creative solutions that aide them in reducing crime. With members that include local, state, and national legislators, corporate executives of Fortune 500 companies, international trade unions, national civic groups, and law enforcement members, the commission strives toward making Illinois and communities throughout the state a safer place.

Being President of such a community-involved and instrumental organization is a fitting position for Attorney Duncan. A seasoned and highly decorated Chicago personal injury lawyer, Attorney Duncan has dedicated his personal life and professional career to helping victims obtain justice. As part of his efforts advocating on behalf of those who need a voice in the legal system, he has worked with victims and families from all walks of life and throughout numerous communities of Illinois.

While his record of success is a testament to his legal abilities, it is his passion for helping others and improving communities that really sets him apart. Throughout the years, he has seen first-hand how crime and wrongful acts can harm innocent people, and his efforts with the Illinois State Crime Commission are driven by a genuine desire to keep local resident safe. A talented legal mind and a selfless individual himself, Attorney Duncan shares the same beliefs and passion for improving the lives of local residents as the influential community leaders he honored. For any injured victim in Chicago or the surrounding areas, he is surely an injury attorney that can be trusted in even the darkest of times.

Duncan Law Group has recently taken on two new personal injury cases, giving renewed hope to injured victims and their families that justice and fair compensation is well within reach.

Attorney Robert Duncan, the firm’s founding lawyer, is currently conducting investigations into a medical malpractice claim involving a patient who may have received multiple, unnecessary, and unwarranted surgeries. Under Illinois law, physicians, nurses, and other medical professionals can be held accountable for their negligence and for their failures to uphold a certain standard of care. By illustrating that a reasonable health care provider would never initiate harmful and warrant less treatment to a patient, a medical malpractice claim can allow injured victims to recover the physical, emotional, and financial damages they suffered. A complex legal area that involves dense legal and medical concepts, medical malpractice is a matter to be handled by experienced attorneys.

Attorney Duncan has also offered his exceptional representation and genuine support to the family of a three-year-old girl attacked by a dog in suburban Chicago. The young girl suffered multiple lacerations to her face. As mentioned in one of our firm’s recent blogs, Illinois was ranked by the American Veterinary Medical Association (AVMA) and National Dog Bite Prevention Week Coalition as the second highest of all U.S. states for dog bites. Victims of dog bite attacks can suffer devastating injuries, as well as significant emotional and financial struggles. In Illinois, dog bite victims have the right to hold the dog’s owner accountable for victim’s injuries – even if the incident was the dog’s first attack. This allows victims to pursue monetary compensation without the need to prove that the dog had a history of vicious or dangerous behavior.

Retain a Chicago Lawyer That Cares

Just as he does in each case, Attorney Duncan plans to work these two cases to their full potential, keeping the clients well-informed about its progress, and supporting them as they navigate the legal process together. A proven Chicago personal injury attorney who has successfully recovered tens of millions of dollars in compensation on behalf of injured victims, Attorney Duncan has the skills and determination needed to handle these challenging cases.

If you or your loved one has suffered damages at the hands of a medical professional or as the result of a dog bite, you have rights. By placing your trust and your case in the hands of a passionate Chicago injury lawyer, you can receive the assistance you need to recover your damages. Do not hesitate to learn more about your rights from an experienced injury lawyer. Contact Duncan Law Group today.

A Chicago man was hit and critically injured while walking to his car in the Bronzeville neighborhood of Douglas shortly after midnight on June 1. The collision occurred in the 300 block of East 47^th Street, when the victim, a 38-year-old man, was stuck by a vehicle that had pulled away from a curb and crossed several traffic lanes, according to Chicago Police Department News Affairs Officer Jose Estrada. The driver of the vehicle fled the scene, but Wentworth District officers were able to later apprehend the driver, subsequently questioning him about the incident. Alcohol was suspected to have played a role in the hit-and-run accident, said Estrada.

Hit-and-run accidents and drunk driving accidents commonly coincide. For one reason or another, impaired drivers who cause accidents, including injury-causing accidents, fail to remain at the scene and ensure that victims receive medical attention if required. By law, all motorists are required to stop and remain at the scene of an accident. Failing to do so can subject a driver to criminal consequences.

Compensation for Victims Injured in a Drunk Driving Accident

In addition to the negligence of a hit-and-run, the possibility that alcohol played a role in the accident further highlights the fact that drunk driving is a careless and tremendously dangerous act. While victims injured in a drunk driving accident may feel as though they will automatically be able to recover their damages from the wrongdoer, the fact remains that criminal court proceedings do not award victims damages. In order to recover compensation, injured DUI accident victims and their families must pursue legal recourse through a civil court – in other words, by filing a personal injury claim.

Personal injury claims will be used to present evidence that another driver should be held at-fault for causing an accident, as well as liable for the harm they caused victims and their loved ones. When compiled effectively and supported by clear and convincing evidence, a personal injury claim will allow victims and their families to recover monetary compensation to cover any physical, emotional, and / or financial damages they incurred as the result of an accident. Such damages may include the costs of past and future medical expenses, lost work wages and future earnings, pain and suffering, and emotional injuries, among others.

In addition to recovering these forms of damages, drunk driving accident claims may also afford victims and their loved ones the opportunity to recover punitive damages. A form of exemplary damages, punitive damages serve to further punish wrongdoers for intentional misconduct and /or gross acts of negligence and to deter others from committing similar acts. When punitive damages are applicable – as they often are in drunk driving accident cases – a seasoned Chicago personal injury attorney can use this opportunity to secure the maximum compensation possible for victims and families.

Retain the Representation Needed to Protect Your Rights

If you or your loved one has been injured in a drunk driving accident or in a hit-and-run accident, you have the right to seek a recovery of your damages. As drunk driving and fleeing the scene of an accident are highly negligent and explicitly illegal actions, there may also be the possibility that punitive damages will be applicable in your case. By speaking with an experienced Chicago accident attorney from Duncan Law Group, you can learn more about your rights as a victim, how to file a personal injury claim, and the ways in which the firm can fight for the maximum compensation possible. Contact the firm to learn more about your rights.

Out of all 50 states, Illinois ranks second-highest for dog bites in a list released last month by the American Veterinary Medical Association (AVMA) and National Dog Bite Prevention Week Coalition.

This study found that State Farm Insurance received 337 dog bite claims from Illinoisans last year. The total compensation for these claims is estimated to be about $9 million. California was the first state on the list, with a total of 451 reported cases. Had the study ranked states by population, however, the Prairie State would have topped the list, with a disturbing 2.6 bites per 100,000 Illinoisans.

Additionally, the U.S. Postal Service recently released a list ranking U.S. cities by the number of dog attacks on postal workers in 2012. Chicago came in third.

The AVMA study only took into account claims filed, leaving out an unknown number of unreported incidents. Experts believe there are many more dog attacks that go unreported.

Recovering Compensation After a Dog Bite

Many people fail to recognize that they can file for damages in the event of a dog attack. A number of states do not allow lawsuits if the attack in question is a dog’s first display of aggressive behavior—a stipulation known as the “one-bite rule.” In Illinois, however, this rule does not apply. Every dog owner is considered responsible for the behavior of his or her canine, even in the case of a first-time attack. So long as the attack was unprovoked and the victim was not trespassing, the plaintiff does not need to establish that the animal had a prior history of vicious tendencies or that the owner was negligent in order to file a personal injury or wrongful death claim.

If you or a loved one has been the victim of an unprovoked dog attack, you may be entitled to damages. Don’t wait; call a personal injury attorney today to learn about your options. With years of experience in handing personal injury and wrongful death cases, including dog bites, throughout the state of Illinois, Chicago attorney Robert Duncan has the experience and professionalism necessary to ensure that you receive the legal help you need. Call the office today for a free legal consultation.

On Monday May 20, 2013 there was a van accident on the I-70 in Illinois. the van had 11 men in it who were on their way back to Maryland from California; they had attended a church gathering. The van went off the road and flipped
several times. Passengers were ejected from the van as it rolled and 5 men ended up being killed while the other 6 were injured. The accident is still under investigation and the cause of the accident remains unknown.

Car accidents can cause emotional and physical trauma to the victims and their families. Accidents on the road can bring about severe injuries and even death as shown in another accident that occurred recently in Vandalia, IL. A car accident can be caused due to a negligent driver or even an error in the manufacturing of the car. The cause for this accident is not known but if it is due to a defect in the vehicle, the manufacturer may be at fault for the accident.

In cases like that, the victims of the accident can hold that person or group of people responsible for their injuries. If you have been involved in a car accident, fight to recover damages from the party at fault for your injuries. With the help of an experienced lawyer you may be able to collect compensation for your medical expenses, lost wages, physical therapy costs, pain and suffering, emotional or psychological trauma, and any other financial or physical hardships that you may be experiencing from the accident.

Do not suffer from a car accident without receiving compensation. Let our qualified Chicago personal injury attorney help you recover the damages that you deserve. Contact Duncan Law Group today!