Articles Posted in Auto Accident

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.

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.

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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.

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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.

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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.

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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.

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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.

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The laws in Illinois are designed to protect the safety of all who call the state home, yet when individuals ignore or violate the law, that safety can be jeopardized. One area that receives little attention but makes a massive impact on others is in the arena of automobile insurance. If you live in Illinois and you own a personal vehicle, you are required to carry insurance on that car that meets or exceeds state minimum levels. The purpose behind this mandatory insurance provision is to protect the innocent victims of car accidents who are hurt by enabling them to obtain financial compensation, a form of relief that can help victims get the medical treatment they need as well as provider payment for all of their other expenses.

Though the law applies to all drivers, the fact remains that every day, motorists without valid insurance drive in an around Chicago, posing a serious threat in the event they are involved in a crash. In fact, the Insurance Information Institute reported that an estimated 13.3 percent of all motorists on Illinois roads in 2012 were uninsured, contrary to and in violation of state laws. Victims who are hurt by these uninsured drivers soon realize that there may be no insurance funds to provide for their damages, pay for their medical expenses, or even compensate them while they are forced to miss work.
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