Accident Litigation in Illinois over the Years
A simple fact about law is that, as society changes, the law must also change in order to fulfill its function as a mediator in our civic relationships. For example, in the United States, technology is not only changing society, but it is also changing law, the way law is practiced and the way litigation is presented. Legislation is rewritten to accommodate for the changing economy and demographics. As institutions change, the laws governing their operation and how individuals interface with them must also change.
The following discusses some examples of how accident litigation in Illinois has changed over the years.
Drug & Alcohol
- Since 1872 â Chicago’s "dram shop law" extended liability to owners of establishments that served alcohol to someone whose drunkenness led to injury of a plaintiff. As a result, the possibility of liability has made restaurant and bar owners more alert to their customers’ behavior. However, because there was no social host liability recognized under the law, in 1995, the Illinois Supreme Court concluded that courts would not determine that adults should be liable for providing alcohol to minors.
- Then, in 2003 â As a result of a drunken brawl among high school girls, questions erupted about the responsibility of parents who allow their minor children to drink in private settings. These questions contributed to The Drug or Alcohol Impaired Minor Responsibility Act, which makes any adult who intentionally gives drugs or alcohol to minors strictly liable for any injuries the intoxicated minor causes.
Medical Malpractice
- Too many lawsuits and the exploitation of negligence, incompetence and deliberate wrong-doing liability led to the 2004 ruling by the Illinois state assembly to cap non-economic damage awards for medical malpractice at $500,000 for claims against individual doctors and at $1 million for claims against hospitals.
Motor Vehicle & Other Accidents
- Today, not only in Illinois, but also in states all over the nation, lawyers and legislators are constantly trying to assess the role that personal electronic devices play in motor vehicle and other accidents. Chicago has focused on driver impairment in crafting its cell phone and texting ordinances.
- The economy sometimes drives accident litigation in negative ways. Although the law allows truck drivers to work only a certain number of hours at a time, the high demand to deliver goods quickly works against the law. The Chicago Tribune described the situation with the statement: "Long hours, chaotic schedules and exhausting work conditions make for a potentially lethal formula --for truck drivers and everyone else on the road." Yet, the powerful trucking industry fights both the regulations as well as allegations of liability in accidents.
Abuse
- Recently, the allegations of abuse by Roman Catholic priests, and the resulting discovery of so many adults who claim they were abused caused Illinois law to suspend the age limit in certain circumstances for people who accuse others of sexual child abuse. Adult accusers can now remember the abuse and file suit for abuse.
The bottom line is that accident litigation in Illinois has become stunningly complex. It is essential for clients to have lawyers who keep up with the constant changes in civil law. For information regarding personal injury lawsuits, car accidents or automobile accident attorneys in Chicago, contact the experienced Chicago personal injury lawyers of Ronaldson & Kuchler.
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