Auto Accident

Court Hears Case Concerning Failure to Disclose All Insurance After Fatal Illinois Crash

June 5, 2020 | By Dave Abels

A federal court of appeals recently considered an Illinois car accident case in which the defendant construction companies failed to properly disclose their complete insurance coverage before a settlement. The case began after a van carrying six family members fell off the side of a road. One of the family members died and the others were all injured. The guardrail had been removed in the construction zone where the accident took place. There were also lines on the road that had been repaved and not repainted and there were pieces of asphalt left on the shoulder of the road.

The family filed a lawsuit against two construction companies that had done the construction work on the road. The attorney representing the two companies said to the plaintiffs that the defendant had a joint venture that had a $1 million insurance policy. The defendants’ attorney also sent required disclosures under Rule 26 of the Federal Rules of Civil Procedure, which listed that the $1 million policy joint venture insurance policy as the defendants’ only insurance coverage. The parties then agreed to settle the case for $1 million based on the policy limit. The plaintiffs also signed a release with a non-reliance clause, saying that they were not relying on the statements of any of the attorneys.

Four years later, the plaintiffs discovered that the defendants had their own insurance policies in addition to the joint venture insurance policy. After this discovery, the plaintiffs filed a subsequent lawsuit, alleging that the defendants concealed their actual available insurance coverage. The plaintiffs claimed that the defendants’ failure to disclose their coverage under Rule 26 was a misrepresentation and that the plaintiffs settled the case for $1 million based on that misrepresentation. The second lawsuit went to trial and a jury awarded the plaintiffs $8,169,512.84 in damages for negligent misrepresentation.

Comparative Negligence in Illinois Personal Injury Cases

November 16, 2019 | By Dave Abels

The primary role of the jury in an Illinois personal injury lawsuit is to determine whether the named defendant was responsible for the accident resulting in the plaintiff’s injuries. In so doing, the jury must consider all the evidence presented and come to a reasoned conclusion based on that evidence. Frequently, the question comes up, what if the plaintiff was partially responsible for the accident resulting in their injuries?

Defendants in Illinois car wreck cases and slip and fall claims will often argue that the accident victim was at least partially responsible for their own injuries. For example, a defendant may argue that a plaintiff failed to exercise caution when they slipped and fell on the defendant’s property, or that a car accident victim’s negligence contributed to the accident. These questions implicate the doctrine of comparative negligence.

Comparative negligence is the legal concept that determines which accident victims can recover for their injuries. It used to be that a plaintiff who shared even the slightest amount of responsibility for an accident could not recover for their injuries because they were considered to have been contributorily negligent. However, in a 1981 case, the Illinois Supreme Court abandoned the defense of contributory negligence in favor of pure comparative negligence.

Uber Accidents Keep Happening in Chicago. What You Need to Know If One Happens to You.

June 17, 2017 | By Dave Abels

Rideshare operations such as Uber and Lyft have become extremely popular in Chicago and other cities throughout the United States–and it is easy to see why. Ordering a ride through your smartphone is faster, easier, and often less expensive than hailing a cab. In addition, many people believe that rideshare services are safer. Unfortunately, Uber accidents still often happen in the Chicago area.

Uber does insure drivers and passengers involved in car crashes. However, when drivers are using their vehicles for personal use, they are covered under their personal auto insurance policy. If a driver is using the app but has yet to start a trip, they are covered under their personal insurance policy and Uber’s contingent liability policy, which provides up to $50,000 per injury for a total of $100,000 and up to $25,000 in property damage in the event the driver’s personal insurance does not cover the issue. If an Uber driver has accepted a fare or is on a trip with a passenger, they are are covered by a one million dollar liability policy and a one million dollar uninsured/underinsured policy. The UM/UIM coverage protects drivers and passengers in event of an accident with an uninsured or underinsured motorist.

Wrongful Death Claims after an Illinois Car Accident

March 15, 2017 | By Dave Abels

Death is an unfortunate part of life, but sometimes due to the negligence of others death comes too soon. When someone dies due to the fault of another’s recklessness or negligence their loved ones, under Illinois law, may be able to claim damages against the at-fault party.

There is no amount of money that can compensate fully for the loss of a loved one but damages can help families cover medical costs, funeral costs, and the cost of living after the loss of the loved one. This allows the family to focus on what matters most – healing. Damages can help a suffering family begin to move forward with their lives without the stress of financial debts hanging overhead.

Wrongful death claims can include a number of types of fatal accidents and can stem from most negligence claims, but most often these claims arise from motor vehicle accidents. A myriad of scenarios can give rise to wrongful death claims.

Illinois Faces Multi-Car Collisions Daily

November 28, 2016 | By Dave Abels

The phrase “multi-car collision” typically is used to describe accidents with a large number of cars. However, it can mean anything from a crash with two or three vehicles to one with hundreds. These incidents happen most commonly in areas with heavy traffic, unexpected congestion, and in parts of the country where weather can be treacherous. Put simply, Illinois faces an incredibly large risk of being home to multi-car collisions at any time of the year but particularly during the winter months.

Like most types of car accidents, multi-car collisions can happen for a number of reasons and therefore can be difficult to prevent or avoid. One of the most common causes of these crashes is a vehicle following too closely for safety. A driver who keeps her vehicle too close to the vehicle in front of her is at risk for causing a rear-end collision, and if traffic is heavy, that initial rear-end collision may turn into a chain reaction crash involving several vehicles all being struck from behind. Areas like the Kennedy Expressway and the Eisenhower and known for having chain reaction collisions particularly during morning and evening rush hours.

Backups, Car Accidents Expected During Thanksgiving Travel in Illinois

November 23, 2016 | By Dave Abels

Traditionally, the Thanksgiving holiday is one of the most traveled times of the year in America. Those in Chicago are no exception to this as thousands both leave and enter the city each year, traveling to celebrate with friends and family and to give thanks for all they have in their lives. This year, AAA predicts that the roadways in Illinois and elsewhere will be congested as 48.7 million Americans will travel at least 50 miles from home during the weekend.

Experts believe that this will be the highest-traveled Thanksgiving holiday since 2007 and that approximately one million additional travelers will hit the road when compared to the numbers seen in 2015.

Travelers will be using numerous modes of transportation including planes, trains, and automobiles this weekend but AAA reports that the vast majority will travel by car. Nearly 90 percent of those leaving their homes this year will use a personal vehicle of some sort to get to their destination and relatively low prices of gasoline may be encouraging some of the driving.

811 Traffic Accidents Happened Every Day in Illinois in 2014

November 21, 2016 | By Dave Abels

All kinds of accidents happen in the United States every year. If you drive in Illinois or if you happen to use public sidewalks, crosswalks, or areas near roadways, you face the risk of being involved in a car accident or other traffic incident with little or no warning. Some collisions are due to a driver’s lack of attention while others may be blamed on alcohol or drugs. In reality, thousands of factors can lead to and even cause a collision between one or more parties.

Chicago sees more than its fair share of traffic incidents every year. In 2014, the Illinois Department of Transportation noted that 143,943 accidents happened in Cook County, the majority of which happened within or immediately around Chicago’s city limits. Among those collisions, 27,075 caused injuries and 211 proved to be fatal, changing the lives of those involved and their loved ones forever.

Across the state that year, 296,049 collisions occurred which averages out to 811 traffic accidents every single day.

Red Light Cameras Saved Nearly 1,300 Lives through 2014

November 11, 2016 | By Dave Abels

What is the true purpose of a red light enforcement camera? Well, it may depend on who you ask. Though the publicly stated position is to limit the number of vehicles running red lights and therefore reduce the number of red light car accidents, many drivers feel that the motives may be less altruistic by local governments.

Some in Chicago have been very vocal about their views on red light cameras, stating that the cameras are designed to raise revenue through the issuance of tickets and not designed to improve safety. However, new information released by the Insurance Institute for Highway Safety (“IIHS”) may dispute this widely held belief as the research concludes that use of red lights is saving lives.

According to IIHS, red light camera programs in 79 large U.S. cities are believed to have saved nearly 1,300 through 2014 at a time when car accidents continue to be one of the major causes of unintentional death in America.

The Rights of Uber Car Passengers Involved in Chicago-area Accidents

October 26, 2016 | By Dave Abels

More and more people in the Chicago area are ditching traditional forms of transportation and opting to grab an Uber instead. Uber, a rideshare company based on the west coast, allows those who want to catch a ride to request one via an app, enabling a car or SUV to pick up the rider at the rider’s specified location. Unlike a city bus which follows a specific route, an Uber car can travel anywhere in an approved service area. And unlike a taxi cab which may be difficult to find, an Uber vehicle literally comes to the place where a rider needs it to be within a specified time frame. For many, long gone are the days when they waited on a corner in the rain, trying to grab a ride to make it to work or school on time.

However, as the number of Uber rides and passengers continue to swell in Illinois, so do the number of Uber car accidents that result. Though some of these are minor, many have turned serious and caused injuries to the drivers and passengers involved, leading the victims to wonder where they stand legally and what options they have to get help if a crash affects their lives.

Passengers who were riding in an Uber car at the time of a collision may face a more complicated path to help than those involved in car accidents not involving such a major corporation. First, the victims will need to determine who is legally liable for the crash and whether more than one entity bears the blame. Typically, the driver of an Uber or another driver in another car will have made a mistake or error, leading to the impact between vehicles. However, in other situations, faulty mechanical work, a poorly designed car, negligent maintenance of a road or intersection, or even inclement weather may be blamed for an accident.

Why Back and Neck Injuries after a Car Accident Should Never Be Ignored

October 17, 2016 | By Dave Abels

One of the biggest causes of injuries for those in Chicago each year continues to be car accidents and other traffic incidents that occur on local roads and expressways. In fact, the Illinois Department of Transportation reported that 285,477 such traffic crashes happened in the state in 2013 alone. Of those, the official statistics report that 21.4 percent resulted in injuries to at least one person involved.

The percentage allocated to injury accidents likely is low, though, because it is based upon the self reports of victims immediately after they are involved in a collision. Typically, vehicles collided and a law enforcement official is sent to respond to the scene. That officer will ask the drivers and passengers involved if they are hurt and in need of an ambulance if an ambulance has not already been called to the area. There is a tendency among accident victims to underplay their symptoms right after an impact because they are in shock and unsure exactly how they feel. Often, their minds have not slowed enough for them to process what happened to them and the adrenaline rushing through their veins may delay the onset of pain.
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