Posted on November 23, 2017 in Personal Injury

If you have a young child who requires a car seat, do you know that you have installed the seat properly such that your child is less likely to sustain fatal injuries in a motor vehicle accident in Lombard? Most parents know their young children need to use car seats in order to stay safe and to abide by the law. However, according to a recent article in the chtribune, car seats are often improperly installed or parents use car seats that are not age-appropriate.

What does Illinois law say about car accident injury prevention and safety seats? And what can the recent article teach parents about promoting safety and preventing injuries in the event of a traffic collision?

Illinois Child Passenger Protection Act

Recognizing the severity of auto accidents in DuPage County and throughout the state of Illinois, legislators created the Child Passenger Protection Act (625 ILCS 25/). The statute explains that the law was written because the General Assembly determined that a significant number of passengers below the age of 8 riding in motor vehicles—vehicles which are most frequently operated by a parent—annually die or sustain serious physical injury due to not being placed in an appropriate child passenger restraint system. Indeed, motor vehicle crashes are cited as the number one cause of death for kids ages 4 to 14 years old.

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 Posted on November 16, 2017 in Immigration

While no one wants to contemplate the idea, Immigration & Customs Enforcement (ICE) does make mistakes. After a certain period of time, these stop being mistakes, and become agency policy. Such has become the case—or very near the case—with ICE arrests of U.S. citizens.

While obviously, rescinding such a policy is the option most likely to restore agency credibility, in the meantime, it is imperative for both immigrants and U.S. citizens to be aware that this may conceivably be an option. It should never happen, but when it does, too often the arrestee may be caught off guard.

Recent Issues Place Deportation Detention in Focus

In late September 2017, the issue became a hot topic when U.S. citizen Isidro Andrade-Tafolla was accosted outside a courtroom in Portland, Oregon, by two people claiming to be ICE agents. They demanded his identification and accused him of being undocumented. However, his wife replied and showed her husband’s papers. The alleged ICE agents then left without any explanation to the couple.

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 Posted on November 16, 2017 in Personal Injury

Most drivers in Lombard, Illinois know that texting while driving using a handheld device is unlawful under Illinois law (625 ILCS 5/12-610.2), and using a smartphone behind the wheel can lead to a distracted driving collision. What are the risks of new high-tech gadgets in automobiles?

According to a recent article in Consumer Reports, high-tech features in new automobiles may be even more distracting to drivers than smartphones. Most specifically, vehicles with built-in navigation systems may lead to more auto accidents in DuPage County than most residents might think.

AAA Says High-Tech Automobiles May Cause Distracted Driving Crashes

The AAA Foundation for Traffic Safety recently explained in a study how “high-tech infotainment systems—the ones that allow drivers access to navigation, audio, and phone features—are distracting drivers for dangerously long periods of time.” While we often assume that new cars with built-in technology are safer than older automobiles, the recent study suggests that some new technologies might actually put us at greater risk for involvement in a severe or deadly car crash.

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 Posted on November 15, 2017 in Family Law

Dealing with divorce is hard enough on its own. However, when divorce is paired with the holidays, you may feel anxious, sad, and overwhelmed. Fortunately, there are a variety of ways you can cope with divorce during the holiday season, make the best out of this roadblock in your life, and experience the holiday cheer you deserve:

• Volunteer. Although you be tempted to stay at home, getting out and volunteering is an effective way to take your mind off your marital status and help those in need. Whether you volunteer at a soup kitchen, animal shelter, or local non-profit organization, you can remind yourself that life is not perfect and everyone has some type of hardship in their life.
• Focus on Your Children. If you have children, you should make an effort to ensure your divorce does not stop them from having fun and being happy during the holidays. Try to create a holiday social schedule with your ex-partner so that your children receive the opportunity to spend time with both of their parents. In addition, be sure to keep some old holidays traditions and create new ones.

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 Posted on November 09, 2017 in Immigration

In September 2017, the federal administration began to float the idea of lowering the already-low refugee cap numbers for FY 2018, citing an allegedly insufficient vetting process, especially for those from countries which have historically sponsored terrorism. Given the somewhat frenetic pace of government in the eight months since the changeover, the story has somewhat gotten lost in the national media, but to those who have family members who might qualify for status, this is a very real concern. It is important to understand the truth of the situation and not fall prey to the misinformation that abounds.

The Process is Extremely Comprehensive

One of the most common misconceptions about refugee resettlement in the United States is that they are simply permitted to walk into the country, so to speak; the average layman is only familiar with standard visa vetting (if that), and often wrongly equates it with refugee processing.

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 Posted on November 09, 2017 in Personal Injury

Are runners in DuPage County at higher risk of injury in a car crash than pedestrians who are walking leisurely or simply headed to work on foot? According to a recent article in the chtribune, the laws surrounding where a runner should be on the road can make jogging a complicated form of exercise, and it may place runners at greater risk of getting hurt in a collision with a motor vehicle.

Running With and Against Traffic: What Places a Jogger at Reduced Risk of a Collision with a Car or Truck?

When there is no sidewalk for a runner, should that runner be moving with traffic (behaving more like a motorist) or against traffic (more like a pedestrian who is walking)? That is a question posed by the recent article for situations in which two runners are on the road, jogging in opposite directions. In this scenario, one of the runners is moving with traffic and the other is moving against traffic. Yet who is abiding by the law, and who is at a lower risk of personal injury in a traffic collision?

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 Posted on November 06, 2017 in Family Law

Domestic violence occurs when an individual(s) is abused by someone who is their relative, cohabiter, or significant other. Domestic violence can occur between parents, spouses or former spouses, individuals in dating or engagement relationships, cohabitants, or former cohabitants.

In Illinois, domestic violence is considered to be a serious crime and a violent offense that comes with severe penalties such as prison time and fines. The five different types of domestic violence include:

1. Physical Abuse

Slapping, hitting, pushing, stabbing, throwing objects, and biting are all examples of physical abuse. Physical abuse often leads to severe pain, injuries, sickness, and in some cases, death.

2. Sexual Abuse

Sexual assault such as rape, molestation, and unwanted or inappropriate touching is another form of domestic violence when it is committed by a significant other or a family member.

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 Posted on November 02, 2017 in Immigration

After the announcement that the Deferred Action for Childhood Arrivals (DACA) program will be phased out after six months, 800,000 people from all walks of life are faced with questions. One group that has often been overlooked is the approximately 2,700 DACA recipients who are either serving or have signed contracts to serve in the United States military. Their situation is just as precarious as the others’, but they have arguably been betrayed more fully.

The MAVNI Program

Instituted under President Obama in 2009, the Military Accessions Vital to the National Interest (MAVNI) program recruits immigrants with legal status (which DACA recipients do have) who are held to possess vital skills useful to the U.S. military, such as languages, nursing or physician’s abilities, or knowledge of mission terrain. More than 10,000 people have been recruited for the program, and to lose one-tenth of its personnel at once would be a significant issue for MAVNI and for the Armed Forces as a whole.

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 Posted on November 02, 2017 in Personal Injury

Each year, the National Highway Traffic Safety Administration (NHTSA) releases a report concerning car accident statistics and fatalities on roads throughout the country. In 2016, fatal motor vehicle crashes rose again, just as they did between 2014 and 2015, according to the report.

As the report explains, in the last decade we have been seeing a generally downward trend in motor vehicle crash fatality rates. Yet in 2016, the NHTSA reported a total of 37,461 fatalities as a result of traffic collisions on U.S. roadways, which was a 5.6 percent increase from 2015, in which 35,485 fatalities were reported.

Why are traffic collisions now on the rise in DuPage County and throughout the country? And what can we do to reduce motor vehicle crash fatalities?

Getting the Facts About Fatal Car Crashes in 2016

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 Posted on October 26, 2017 in Immigration

Barring a last-minute volte-face, the President has made the decision to officially end the Deferred Action for Child Arrivals (DACA) program initiated by his predecessor. He has stated that the official date for DACA to end will not be immediately, however; rather, in six months’ time the program will officially expire.

Regardless of specific dates, this decision has the potential to cause approximately 800,000 people to either be deported or temporarily removed from the only home many have ever known. If you are one of those people, there are factors you need to know.

Undocumented Status Creates Problems

Short of achieving asylum or refugee status, there is no lawful immigration status open to undocumented people, because the undocumented are held to have committed an act that renders them inadmissible when they entered the country without inspection (EWI). It is important to note that entry without inspection is a misdemeanor, but unlawful presence is a civil violation, not a crime—both of them can render a person inadmissible, meaning that they never ought to have been admitted into the country.

Inadmissibility is a status that can be waived in very rare circumstances; however, unless you are either the spouse, child or (in some cases) sibling of a U.S. citizen, it is not generally worth the time to try. As such, this puts DACA recipients in an extremely difficult position. The strong majority of recipients were brought to the U.S. as children, meaning that their parents are almost certainly undocumented as well, which does not permit the seeking of waivers of inadmissibility. If one cannot obtain a waiver, then he or she must return to another country and wait until the bar to re-entry (assessed upon a finding of inadmissibility) expires. The bar can be anywhere from 3 years to a decade.

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