Illinois Accident Law Overview
Every year millions of people are injured in motor vehicle
accidents - many very seriously. In fact, according to the
National Highway Traffic Safety Administration, every 10 seconds
someone in the United States is involved in a car accident.
In 2000, there were an estimated 6,279,000 police reported
traffic crashes, in which 41,611 people were killed and 3,236,000
people were injured. Other startling facts are as follows:
- Motor vehicle crashes are the leading cause of injury
death in the United States for people ages 1-34.
- Motor vehicle crashes took the lives of 5,606 teenagers
and 2,027 children in 1999. Older adults, as a group, are
also at higher risk of dying from motor vehicle crashes.
- In the United States, 5,220 pedestrians died from traffic-related
injuries and another 69,000 pedestrians sustained non-fatal
injuries in 1999.
- In 1999, 38% of traffic fatalities were alcohol related;
either the driver or an affected person (e.g., a pedestrian
or a bicyclist) had a blood alcohol concentration of at
least 0.10 gram per deciliter (g/dl).
At we use our experience in handling accident cases
to investigate every possible contributing cause of an accident
to ensure that you will receive full compensation for your
injuries. Evaluating all of the facts involved in the cause
of a motor vehicle accident requires skill and experience.
Our office will take over the investigation of your case so
that you can concentrate on recovering from your injuries.
We can assist you in finding an appropriate medical specialist
to treat you, and we can sometimes make arrangements with
your medical care providers to wait for payment until your
case is resolved through settlement or trial.
Automobile accidents are generally decided using the law
of negligence. A person who negligently operates a vehicle
may be required to pay any damages caused by their negligence,
either to person or property. Generally, people who operate
automobiles must exercise "reasonable care under the circumstances."
Failure to use reasonable care is the basis in most lawsuits
for damages caused by an automobile accident.
Courts look to a number of factors in determining whether
a driver was negligent. Some examples of these factors include,
but are not limited to, the following:
- Driving too fast or too slow
- Driving under the influence of drugs or alcohol
- Failing to signal while turning
- Disregarding weather or traffic conditions
- Disobeying traffic signs or signals
- Failing to drive on the right side of the road
A driver may also be liable for an accident caused by intentional
or reckless conduct. A driver who is reckless is one who drives
unsafely, with willful and wanton disregard for the probability
that the driving may cause an accident. In certain cases,
accidents are caused by factors unrelated to the conduct of
any particular driver. For example, under the law of product
liability, an automobile manufacturer or supplier may be responsible
for injuries caused by a defect in the automobile, or a component
of the automobile, as in the Firestone tire litigation. A
products liability suit is a lawsuit brought against the seller
of a product for selling a defective product that caused physical
injury to a consumer or user. If a manufacturer of a product
creates a defective product - either in developing, designing
or labeling the product - the manufacturer is liable for any
injures the product causes, regardless of whether or not the
manufacturer was negligent.
In another example, if a mechanic fails to properly repair
a vehicle, and the failure causes an accident, the person
who improperly repaired the automobile, and his repair shop,
may be liable for injuries sustained. Other factors such as
poorly maintained roads and malfunctioning traffic control
signals can contribute to the cause. Improper design, maintenance,
construction, signage, lighting or other highway defect, as
well as improper striping on the road's passing lanes, a sharp
obstruction or problem with the roadway that obstructs drivers'
vision, or poorly placed trees and utility poles can also
cause serious accidents. Finally, if an accident is caused
by an intoxicated driver, a bar or social host may be liable
for damages sustained if they served an obviously intoxicated
guest, who then drives and causes an accident.
In all automobile accident cases it is essential that measures
be taken promptly to preserve evidence, investigate the accident
in question, and to enable physicians or other expert witnesses
to thoroughly evaluate any injuries. If you or a loved one
is a victim of an automobile accident, call now. The
initial consultation is free of charge, and if we agree to
accept your case, we will work on a contingent fee basis,
which means we get paid for our services only if there is
a monetary award or recovery of funds. Don’t delay! You may
have a valid claim and be entitled to compensation for your
injuries, but a lawsuit must be filed before the statute of
limitations expires.
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