Know Your Rights During an Illinois Traffic Stop

Web Admin - Tuesday, April 29, 2014

illinois traffic violations lawyerTraffic stops by police are the most common way that many people interact with law enforcement. In Illinois alone there are over two million traffic stops per year, according to a report released by the Illinois Department of Transportation. The common nature of these traffic stops means that it is important for people to understand what their traffic stop rights are, as well as what qualifies as a justifiable stop.

A Person’s Rights During a Traffic Stop

The two most important rights that people have during traffic stops are the right to remain silent and the right to refuse to consent to a search of their vehicle. The right to remain silent allows a person to refuse to answer questions the officer poses, such as, “Do you know why I pulled you over?” or “Where were you heading tonight?” However, there is a practical component to this right. Cooperation with the officer can make the traffic stop smoother and more painless, so the extent to which a person benefits from exercising this right may vary. Furthermore, the right does not extend to refusing to supply a driver’s license, proof of insurance, and registration if the officer asks for it.

The right not to consent to a search of the vehicle is another important right that arises commonly during traffic stops. Though police may ask for permission to search the vehicle, a driver is not required to give it. Importantly, this may not stop them from searching the car. If the police believe that they have probable cause to search the vehicle, then they can perform a warrantless search. However, it is easier to exclude evidence from the legal process if the police found it in a warrantless search, rather than in a search to which the person consented.

The right to refuse a search also has interesting implications for breathalyzer testing. Illinois has something known as an “implied consent law,” which basically states that a person automatically consents to DUI testing based on probable cause as a condition of receiving their license. While a person could still refuse a test, this would result in a suspension of their license for at least one year, and it may not actually help prevent a DUI conviction.

Justifiable Traffic Stops

Even before the traffic stop actually occurs, people’s constitutional rights come into play. This is because a traffic stop qualifies as seizure, which means that Fourth Amendment protections against unreasonable search and seizure apply. Consequently, the police may not stop a person without “specific and articulable facts” that give rise to a reasonable suspicion of criminal conduct. These facts can be things like traffic violations, missing license plates, or erratic behavior. Even anonymous tips called into the police can qualify in certain circumstances.

If you are facing criminal charges following a traffic stop, contact an experienced Illinois criminal defense lawyer today. We help accused citizens in town across the northwest suburbs, including in Rolling Meadows, Buffalo Grove, and Des Plaines.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Results in Traffic Court: Conviction, Conditional Discharge, and Supervision

Web Admin - Tuesday, February 25, 2014

illinois traffic court lawyerFrom speeding tickets to car accidents, traffic court is one of the most common ways that people find themselves involved in the legal system. While people can sometimes avoid the hassle of going to court by simply mailing the ticket in with payment, that is often not the most prudent strategy. Mailing the ticket in with payment is equivalent to a guilty plea. This means that it will likely affect a person’s insurance rates, as well as add points to their license, which can eventually result in a license suspension or revocation if a person receives too many points over a specific a period of time. Conviction for more serious crimes, such as driving under the influence (DUI), can also have serious consequences, like impairing a person’s ability to receive professional licenses, or impacting their future employment prospects.

A better strategy for handling a traffic ticket of any magnitude is to go to the courthouse and contest it. When a person contests a traffic ticket, a few different things can happen. First, the ticket can be dropped altogether or the person can be found not guilty. While this is certainly not a common occurrence, it can happen, especially if a person has only a minor ticket, such as a speeding violation, and if their lawyer can present extreme or unusual evidence to explain why the violation occurred. More commonly, a person can receive a conditional discharge or court supervision. Those two outcomes are very different, and they can have a large impact on the ultimate cost of the traffic ticket.

Conditional Discharge Versus Court Supervision

Conditional discharges are a form of probation that the court imposes on someone after they have been convicted of a traffic violation, often along with fines or traffic school. The difference between conditional discharge and ordinary probation is that the court will monitor the person’s compliance with the particular conditions laid out in a discharge. The problem with receiving a conditional discharge is that, because it counts as a conviction, it will appear on a person’s record with the Secretary of State, which can cause an increase in insurance premiums. Those costs can be quite high, even for minor speeding tickets, which, according to Forbes, can cause insurance premiums to rise over 10 percent.

Supervision differs from a conditional discharge in that it is not technically a conviction. That means that, even though the court may impose fines or traffic school for the violation, it will not increase a person’s insurance premiums, which can add up to a savings of hundreds of dollars every year, depending on how severe the offense was.

If you recently received a traffic ticket, contact a Des Plaines traffic attorney today. Our firm serves towns across northwest suburban Cook County including Deer Park, Rolling Meadows, and Buffalo Grove. We have experience defending people accused of traffic violations, and can help you avoid the hassle and expense of a conditional discharge.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, real estate law, and corporate law. He is involved in his local Illinois community as an active member of the DuPage County Bar Association, Northwest Suburban Bar Association, and the Arlington Heights Chamber of Commerce. In 2012, Colin was nominated for 2012 Business Leader of the Year by the Chamber.

Red Light Cameras in Illinois: What You Need to Know

Web Admin - Thursday, November 21, 2013

Motorists come in contact with yellow lights at intersections daily. And while many slow to a stop to avoid a possible accident, others may risk their chances by gunning the engine through the changing lights above, often doing so with no repercussions.

Even if you avoid an accident, you may still be hit with a traffic citation for running a red light. In fact, with the proliferation of red light cameras throughout Illinois, residents in Chicagoland may find themselves being mailed tickets for allegedly running a red light and being caught on camera. Citations are sent to the registered owner of the vehicle, even if the owner was not driving at the time.

The cameras are connected to traffic signals at select intersections. There is usually a constant low-resolution video feed being recorded, and sensors are connected to crosswalk lines and stop lines. When vehicles cross those lines after a light is red, a high-resolution camera is triggered that tries to captures the vehicle license plate and an image of the entire vehicle in the intersection.

The Consequences

If you are convicted of red light camera violation, you will have clear consequences. For starters, you will owe a fine­--typically $100. But it is not only a matter of money; the citation will affect your driving record and may result in 20 “points” being added to your license record. Considering the effect that this may have down the road, it is important to think twice before automatically paying the ticket.

Defending Yourself Against Red Light Tickets in Illinois

Under Illinois law, if you receive a ticket in the mail you have the option to request a hearing to contest the violation.  

Mistakes are frequently made by these automated systems. The technology is not perfect, and many resident who lawfully enter an intersection before a light is red, or make a right turn on a red light after properly stopping, still receive citations in the mail. The same Illinois law that allows administrative hearings to contest a charge also require municipalities to provide you with access to the recorded images of your supposed violation.

In addition, there are specific state rules that prevent municipalities from issuing citations in any manner they choose. For example, the law explains that a municipality “may not use an automated traffic law enforcement system to issue violations in instances where the motor vehicle comes to a complete stop and does not enter the intersection… even if the motor vehicle stops at a point past a stop line or crosswalk where a driver is required to stop…”

For help with red light ticket legal issues throughout the Chicagoland areas, including Lake County, Will County, DuPage County, and other nearby communities, please contact an experienced Illinois traffic lawyer today. We help residents in many northwest suburban areas including Arlington Heights, Palatine, Buffalo Grove, Barrington, Schaumburg, Des Plaines, McHenry, and Crystal Lake defend themselves in these situations.

Recent Posts


head on collisions Barrington criminal lawyer deed transfer underage DUI Crystal Lake employment attorney premises liability Palatine employment lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois rollover accident lawyers fatal car accidents Chicago car accident lawyer personal injury attorney Illinois medical malpractice claim consent to a search DNR Illinois personal injury lawyers suspended license Illinois Sales Representative Act real estate contract Buffalo Grove employment lawyer no contest clauses ACA fiduciary rule delay insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Colin H. Gilbert South Barrington real estate attorney pedestrian accidents Illinois estate planning attorney Buffalo Grove probate lawyer DUI defense Schaumburg probate attorney BAC Self-Directed IRA Accounts employees Buffalo Grove traffic lawyers college kids institutional trustee food poisoning cell phone accidents insurance claim denial insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys IRA benefits Des Plaines Traffic Lawyer Illinois law Federal Food Drug and Cosmetic Act traffic violations defense Palatine estate planning lawyer car accident lawyers Barrington drug crime attorney Illinois Human Rights Act TBI trauma after an accident probate fees natural gas insurance claim dispute Rolling Meadows traffic law firm Illinois Smoke Detector Act murder charges real estate zoning Illinois employment law speeding Des Plaines DUI attorney Riverwoods estate planning lawyer healthcare claims Landlord Tenant Ordinance Schaumburg civil litigation attorney federal regulations for LLCs Illinois Wage Payment and Collection Act digital evidence Arlington Heights TBI attorney Forcible Entry underinsured motorist Inverness DUI lawyer spinal cord injuries medical research Rolling Meadows business lawyer Rolling Meadows personal injury lawyers Illinois corporate lawyer trucking accident lawyers workers comp Buffalo Grove injury lawyer expungement Illinois pedestrian accident attorney Rolling Meadows tax attorney installment contracts Kenilworth estate planning attorneys slip and fall accidents construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation owner responsibility Thanksgiving Rolling Meadows insurance lawyer bicycle dooring accidents Transfer on Death Instrument Illinois employment laws Illinois traffic attorney health insurance dispute blood alcohol content rest breaks clemency Rolling Meadows Illinois lawyer Des Plaines motorcycle accident attorney Schaumburg injury lawyer Chicago insurance claim attorneys Palatine insurance lawyer Retaliatory Discharge insurance attorney Rolling Meadows criminal attorney pedestrian accident Palatine employment law lawyer Rolling Meadows Attorney criminal defense medical malpractice medical malpractice compensation Schaumburg personal injury attorney Illinois traffic accident lawyer life insurance lawyer Chicago will attorney lapse in policy Arlington Heights personal injury lawyer Illinois will lawyer Illinois wills and trusts elder abuse insurance disputes defective products Chicago estate planning lawyer Palatine civil attorney criminal law trust payments right to work Arlington Heights insurance attorney power of attorney for healthcare Illinois real estate Illinois workers compensation attorney boating under the influence Buffalo Grove real estate attorney Chicago life insurance attorney insurance adjusters Des Plaines civil attorney car collision Palatine Attorney crossover accidents pain and suffering Crystal Lake injury attorney Schaumburg insurance lawyers Deer Park motorcycle accident lawyer Illinois traffic attorneys Crystal Lake accident attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers distracted driving accidents insurance claim denials Illinois insurance disputes Fair Labor Standards Act personal injury claims Arlington Heights wills and trusts lawyer Crystal Lake employment law attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Rolling Meadows employment law attorney back injuries Palatine corporate attorney Barrington Illinois estate planning lawyer vacation home fines Arlington Heights wills and trusts lawyers Arlington Heights Attorney Crystal lake insurance dispute attorney Whistleblower Claims Liquor Control Act insurance denial appeals driving minimum wage Crystal Lake will lawyer Chicago traffic lawyer Des Plaines real estate attorney Illinois Probate Act of 1975 life insurance Crystal Lake insurance lawyer Illinois registered agent whistleblower protections blended families residential real estate Rolling Meadows insurance attorney Arlington Heights car crash attorneys insurance negligence bicycle accidents special needs trust living trust holiday statistics Buffalo Grove traffic attorney Arlington Heights wills and trusts attorney home inspection lawyer Employment Discrimination Law POA digital information workers compensation benefits Illinois boating accident lawyer Illinois personal injury lawyer Des Plaines personal injury attorney insurance agent negligence Illinois trusts attorney Barrington business law firm Crystal Lake medical malpractice lawyer Buffalo Grove law firm overtime pay top life insurance claim denials Crystal Lake pedestrian accident lawyer Rolling Meadows medical malpractice lawyers denial of insurance claim Chicago attorney Policy Cancellation living trust vs will loopholes Rolling Meadows insurance dispute lawyers Illinois wrongful termination lawyer Schaumburg wrongful death attorney dealing with problem employees automated cars drug crimes Illinois mortgages social media after death investment property traffic deaths Attorney Ken Apicella Barrington workers compensation attorney Illinois estate planning law firm underfunded trust Family Medical Leave Act creditors civil litigation attorney privacy Mt Prospect Attorney Schaumburg criminal law attorney Arlington Heights Traffic Lawyer insurance claim dispute attorney healthcare DGAA jet ski accidents Illinois traffic ticket lawyer liability claims traumatic brain injury traumatic brain injuries criminal Palatine business attorney agent child safety criminal record Illinois medical malpractice case Illinois defective products attorney Palatine probate lawyer insurance claim Illinois driving without license Des Plaines employment law commercial leasing Illinois LLC creation Inverness real estate lawyer Barrington criminal defense lawyer workers compensation Illinois criminal defense attorney probate motorcycle accident lawyer pizza emoji Crystal Lake personal injury attorney insurance dispute Schaumburg estate attorney products liability real estate Illinois wills and trusts attorneys Deer Park personal injury lawyer employee discrimination preventing accidents wrongful death independent contractor Crystal Lake civil litigation lawyer Schaumburg corporate attorney Arlington Heights traffic attorney Colin Gilbert Illinois injury lawyer preventable medical errors Illinois insurance claim dispute lawyers Palatine workers compensation lawyer swimming pools taxes gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys internet Jay Andrew llinois Real Estate Lawyers Association Palatine corporate law attorneys Illinois employment law attorneys Illinois medical malpractice attorney vacation home texting and driving construction contracts Illinois car accident attorney landlord tenant law landlord unpaid assessment medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois job attorney denied insurance claim Barrington real estate lawyer Rolling Meadows employment attorney Arlington Heights criminal lawyer car crashes Illinois living will unpaid overtime rollover car crashes Illinois red light cameras Crystal Lake car accident lawyer operating agreements medical malpractice claims LLCs Rolling Meadows life insurance claim denial attorney insurance dispute attorney Rolling Meadows personal injury attorney Palatine life insurance lawyer Rolling Meadows DUI lawyer Chicago trucking accident attorney dog bites bike accident federal crimes personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys murder defense estate attorney Barrington employment law attorney Buffalo Grove medical malpractice lawyers Illinois bicycle safety rumble strips Illinois insurance claims lawyers Illinois personal injury Deer Park accident attorney School Visitation Rights Act traffic crimes insurance denials Arlington Heights employment attorney Inverness insurance attorney Palatine real estate lawyer rent to own real estate contracts Illinois workplace lawyer compensatory time Long Grove estate planning attorney Illinois insurance lawyer real estate attorneys Long Grove wills and trusts attorneys unfunded trust Mount Prospect elder law attorney icy parking lots Crystal Lake employment lawyer wills and trusts Barrington civil litigation attorney Palatine traffic lawyer Illinois employment lawyer Palatine punch death personal injury lawyer Illinois trucking safety how to avoid common denials of life insurance claims Schaumburg personal injury lawyer FMLA revenge porn Arlington Heights tax lawyer DUI penalities estate plan first degree murder life insurance claim denial, denial of life insurance claim breathalyzer test Illinois collections attorney Barrington medical malpractice lawyers Crystal Lake car accident attorney Illinois pet lawyer modern family estate planning traffic laws boating DUI hiring employees car accidents Schaumburg criminal attorney Long Grove real estate attorney Buffalo Grove criminal defense lawyer personal injury accidents overtime violations advance healthcare directive Inverness corporate attorney hands free device civil rights violation Illinois small business Crystal Lake medical malpractice law firm motorcycle accident drug possession Schaumburg Attorney traffic violations car accident lawyer eluding a police officer marijuana Palatine law firm Illinois home inspection meal breaks estate planning Mount Prospect wills and trusts lawyers Arlington Heights lawyer Buffalo Grove insurance claim dispute lawyers trustee condo Chicago corporate attorney comp time Crystal Lake estate planning lawyer Inverness civil lawyer Illinois employment attorneys defective products lawyer Rolling Meadows employment law attorneys Illinois Trust Code truck collisions Schaumburg construction accident lawyer contracts Deer Park real estate law firm personal injury Rolling Meadows marijuana attorney traffic offenses Illinois attorney Illinois traffic laws Detainer Actions real estate leasing marijuana crimes attorney Arlington Heights real estate lawyer guardianship attorney Des Plaines collections attorney business litigation commercial real estate Rolling Meadows criminal lawyer Des Plaines injury law firm Illinois Workers’ Compensation Commission DUI attorney Arlington Heights pedestrian accidents IRS employee rights Des Plaines personal injury lawyers Barrington life insurance lawyer denied insurance claims breach of contract golf accidents filing a medical malpractice claim BUI income distribution deducation wrongful termination Chicago estate planning material misrepresentation GM ignition switches unauthorized overtime Illinois DUI attorney Palatine injury attorney Schaumburg employment law attorneys Illinois real estate lawyer attorney fees Home Sale Contingencies Inverness estate planning lawyer manufacturing probate lawyer nursing home negligence medical marijuana traffic accidents Rolling Meadows boating crash lawyer DUI Crystal Lake bike accident lawyer capital gains tax comparative negligence slip and fall estate planning lawyer coronavirus Rolling Meadows traffic attorney deadly crashes caregiver Illinois insurance claim attorney Illinois personal injury attorney Chicago employment lawyer Schaumburg personal injury lawyers foreclosed rental property Long Grove estate planning Deer Park medical malpractice attorney product liability Rolling Meadows Traffic Lawyer car crash injuries Rolling Meadows probate lawyer Rolling Meadows litigation lawyer field sobriety test Chicago will attorney, social media platforms, Illinois estate planning lawyer, Arlington Heights wills and trusts attorneys Illinois medical malpractice lawyers tax attorney Illinois workers compensation lawyer Des Plaines accident attorney IRELA Illinois estate planning Schaumburg estate planning attorney insurance agents controlled substance Inverness accident lawyer Illinois business lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Crystal Lake business law attorneys privacy laws Mount Prospect real estate lawyer Long Grove estate planning attorneys Palatine traffic accidents Illinois employment law attorney Buffalo Grove corporate attorney estate planning for college students most common reasons for life insurance claim denials Deer Park traffic lawyer jet ski small business reckless homicide Illinois jet ski accident lawyer mortgage Schaumburg traffic lawyer drunk driving statistics spinal cord injury wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Crystal Lake personal injury lawyer estate planning attorney South Barrington real estate lawyer Barrington estate planning lawyer living wills condo association Barrington injury attorney Schaumburg estate planning lawyer probate claims Rolling Meadows estate planning attorney pay when paid contract Des Plaines drug crimes lawyer IRA trust transfer CAM real estate attorney Crystal Lake traffic attorney Inverness elder law lawyer Palatine trusts lawyer Arlington Heights car accident lawyer Des Plaines insurance attorney life insurance policy drunk driving Barrington Traffic Lawyer real estate closing sexual images traffic tickets Barrington litigation attorney drug crimes lawyer problem employees Arlington Heights injury attorney severance agreements sole proprietorship life insurance claims financial advisors Arlington Heights medical malpractice lawyer Des Plaines tax law firm beneficiary complications brain injury Illinois insurance dispute lawyers startup company pet bites insurance claim delay Long Grove real estate lawyer Barrington boating accident attorney Palatine civil litigation lawyer Schaumburg real estate lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Inverness traffic law firm fault based insurance Schaumburg medical malpractice lawyer work unions gift taxes sexual harassment Exclusions Illinois probate lawyer liability Arlington Heights accident attorney pet law Illinois employee rights attorney. probate claims process Deer Park criminal attorney Legal Info Deer Park workers compensation lawyer Fourth of July job lawyers Palatine criminal defense lawyer paid sick leave Illinois workplace discrimination attorney employment law, Illinois employment laws subcontractor Kenilworth estate planning attorney Des Plaines real estate lawyer denial of life insurance Buffalo Grove personal injury lawyer natural gas explosion Palatine elder law attorney Barrington personal injury lawyer Chicago employment attorney hit and run accident surgical mistakes PTSD employment attorney liens real estate lawyer Buffalo Grove car accident lawyer Illinois insurance claim dispute lawyer Affordable Care Act Illinois construction accident attorney license auto accidents Rolling Meadows accident lawyer Palatine construction attorney Illinois tax attorney Chicago lawyer Inverness probate lawyer anesthesia errors Crystal Lake criminal defense attorney Illinois motorcycle accident lawyer Illinois business law atorneys homestead rights Schaumburg elder law rollover accidents construction accidents power of attorney Des Plaines pet law attorney employment contract Crystal Lake tax lawyer Super Mario in terrorem provision Arlington Heights estate planning attorney Inverness real estate attorney Rolling Meadows real estate attorney Class A misdemeanor digital assets foreclosure commercial leases Home Remodeling Repair Act boating accidents Palatine drug lawyer trusts Crystal Lake law firm Schaumburg car accident attorney Inverness injury lawyer probate process Barrington personal injury attorney Rolling Meadows corporate lawyer medication errors FSLA Arlington Heights trucking lawyer ObamaCare mass shooting dynasty trusts Deer Park DUI lawyer drug crime cause-of-death exclusions Barrington estate planning attorney Illinois employment law firm pedestrian injuries, pedestrian fatality bad faith insurance claims cell phone tower data Barrington attorney Illinois Transfer on Death Instrument employee misclassification Rolling Meadows car accident lawyers personal injury claim license revocation Palatine personal injury lawyer Illinois insurance attorney Crystal Lake medical malpractice attorneys Des Plaines medical malpractice attorney drugs cell phone trench injuries Illinois civil litigation lawyer Crystal Lake traffic lawyer pregnant women license suspension Barrington employment law firm Joliet general practice lawyers Schaumburg employment attorney Food and Drug Administration's Food Safety Modernization Act disability benefits murder Deer Park traffic accident attorney Kenilworth estate planning lawyer changes to mortgage law low-ball insurance settlement license reinstatement trucking accidents involuntary manslaughter ken apicella DMV appealing an insurance claim Des Plaines drug lawyer Des Plaines personal injury lawyer insurance claims new real estate form workplace sexual harassment employment lawyer Palatine employment attorney Barrington employment attorney Des Plaines criminal attorney living trust benefits Arlington Heights personal injury attorney car accident Crystal Lake pet attorney Buffalo Grove personal injury attorney irrevocable trust civil litigation estate planning trusts Chicago biking tips Arlington Heights employment law attorneys accidental death benefits pedestrian-automobile accident Do Not Resuscitate insufficient documentation Illinois elder law attorney Schaumburg drug defense lawyer Rolling Meadows insurance dispute lawyers, insurance dispute wage theft dram shop law estate tax Rolling Meadows drug defense attorney Buffalo Grove life insurance attorney Inverness personal injury attorney forming a corporation in Illinois senior citizens Des Plaines claims law firm BAIID car crash Schaumburg elder law lawyer Deer Park employment law attorney caretaker rights employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Rolling Meadows personal injury lawyer personal injury law firm fiduciary rule wills corporate law texting while driving Schaumburg life insurance attorney Illinois speeding lawyer Chicago insurance law firm distracted driving accident victims Illinois uninsured motorist loss of consortium