Most area travelers know that Illinois law requires all those who travel on our roadways to wear seat belts at all times. However, the seat belt law is even more nuanced than that, as the Illinois General Assembly makes modifications and additions to those requirements each general assembly cycle. In that way,Illinois trucking law is in constant flux. That is why a Chicago truck crash lawyer is required to keep up to date on the legal changes so that client interests are protected and advanced.
One recent example of this possibility is the codification of a new seat belt law by the Illinois General Assembly. The new law can be found in that state code at 624 ILCS 5/12-603; it adds an additional requirement upon all drivers. The new law now makes it mandatory that all drivers properly ensure that vulnerable passengers within their vehicle have their own seatbelts fastened and properly secured. The passengers who must be protected by the driver are defined as those who are unable to properly secure themselves-most notably sick, disabled, and elderly individuals.
This law does not replace or ignore seat belt laws that already involved vulnerable children. In Illinois current child safety belt laws require that all children under the age of 8 be properly secured in an appropriate child restraint system.
One important aspect of this and similar laws is the way in which a court will consider it when involved in Illinois truck crash lawsuits. For example, these lawsuits virtually always involve legal “negligence”-or one driver failing to abide by the required standards of care when driving. A complication in negligence suits is when both drivers involved could arguably have been negligent to one degree or another. The law has unique ways of handling these “comparative negligence” situations
This newest Illinois vehicle safety law ensuring the buckling of vulnerable passengers is specifically indicated to have no effect on the potential negligence of a driver. In other words, a party to a lawsuit shouldn’t be able to use the new law in an effort to avoid liability by claiming that a driver was negligent in not abiding by the buckling law. The “comparative negligence” analysis is not triggered if the otherwise lawful driver fails to buckle in one of their passengers per this new law.
The constantly evolving nature of state and local law is one of many reasons why it is important to contact a Chicago personal injury lawyer, like ours at Levin & Perconti. Our team has decades of experienced working with victims of car and trucking accidents, acting as a guide and vocal advocate throughout the court proceedings related to their case. We work tireless to ensure that all clients receive the fair redress that the law provides.
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