Tag Archives: accident liability

Illinois accident attorneySpeeding is dangerous and one of the most common causes of car accidents. The speed at impact is what determines the severity of car accidents and the injuries and property damages that come with them. Let’s dive deeper into the role of speed in car accident damages.

How Speed Affects Car Accidents

The purpose of speed limits is to ensure that the roads are safe for both drivers and pedestrians. If you would like to do your part in keeping the roads safe, the easiest way to do so is by following the speed limits while you are behind the wheel.

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DuPage County personal injury attorneyWhen you first learn to drive in DuPage Henry County or elsewhere in Illinois, your “education” may come not only from formal driver’s education classes but also from anecdotes and bits of wisdom shared by friends and family members. Some of these stories and pieces of advice can be helpful. Others, however, are incorrect, however, and can lead drivers to make errors in judgment that can either lead to car crashes or jeopardize the rights of an injured accident victim. Some of the more prevalent myths and inaccurate advice regarding Illinois car crashes include:

  • A pedestrian always has the right of way. While pedestrians may suffer serious injuries in an accident, this does not necessarily mean that pedestrians always have the right of way or that pedestrians can never act negligently and thereby contribute to their own injuries. A pedestrian who behaves in a careless manner—failing to look both ways before crossing the street or walking along a dark street while wearing dark clothing—and suffers an injury may find his or recovery limited in proportion to his or her degree of fault.
  • In a rear-end collision, fault is always clear. While many rear-end collisions are the result of a trailing driver carelessly running into the back of a vehicle in front of him or her, this does not mean the trailing vehicle’s driver is always to blame. The driver of the leading car—the car that was rear-ended—may have unreasonably and unexpectedly applied his or her brakes or made an abrupt turn without signaling. While this would not completely absolve the driver of the trailing car of responsibility for causing the crash, it may limit the damages the driver of trailing vehicle must pay to an injured party in the front car.
  • The at-fault driver must pay for my medical bills and other expenses. While this is generally true, this does not mean the injured motorist or passenger has no responsibility following a crash. An injured motorist who does not seek prompt medical treatment for his or her injuries, abuses prescribed medications, or fails to follow his or her doctors’ instructions and directions may be considered negligent and partly responsible for contributing to his or her own injuries. He or she may find it difficult to obtain full compensation for all of his or her losses, especially if his or her actions exacerbated the injuries.

Seek Representation from a Skilled Lawyer

These “myths” show that there is no such thing as a “clear-cut” personal injury or car crash case. Instead, your ability to recover compensation will depend on your ability to highlight the other party’s negligence while minimizing your own. Contact an experienced DuPage County car accident attorney at Martoccio & Martoccio for assistance with preparing and presenting your case for compensation. Our team will help you obtain the maximum amount of compensation possible given the facts and circumstances of your case.

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Hinsdale personal injury attorneysIn many car accident situations, it is very clear which driver was as at fault. For example, you may be driving along just under the posted speed limit when, seemingly out of nowhere, another driver on a cross street runs a red light and slams into your car. That driver would almost certainly be at fault for the accident and potentially liable for any injuries you sustained. What if, however, the driver ran the red light and hit you, but you were texting while driving and, therefore, did not react in time to avoid the accident? If you have been injured in accident such as this, you may share in the liability for your own injuries

Determining a Percentage of Liability

When multiple parties are each partially to blame for car accident that resulted in bodily injury, it is us to the parties involved—or the court if the case goes to trial—to determine which portion of responsibility should fall on which party. As you might expect, those whose actions or negligence which are considered to have contributed more to the accident will be assigned a higher percentage of liability, while actions found to be less significant will have a lower percentage assigned.

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DuPage County personal injury attorneyBeing involved in a drunk driving accident can result in catastrophic injury and even death. It is a horrifying experience that thousands of families go through every year and often leaves victims to deal with long-term injuries and devastating medical costs.

In many cases, the first step in recovering your losses is to sue the drunk driver. However, there are additional parties who may be held at least partially responsible for the accident. Specifically, you can seek recovery from the establishment or individual who served the drunk driver alcohol immediately prior to the accident.

Dram Shop Liability

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DuPage County personal injury lawyersFew things are more stressful than being involved in a car accident. The damage to your vehicle, injuries to yourself and your passengers, and the ongoing anxiety of getting back behind the wheel are very real possibilities in the aftermath of an accident. Once the initial impact has passed and the details are being assessed by the first responders, the issue of who caused the accident must be determined. If it turns out the other driver was at fault and does not have insurance, where does that leave you? How will you recover from your injuries and damage to your car?

Many people do not know what rights they have until it is too late. Seek the professional help of a personal injury attorney who can advise you of your rights and work diligently to see that you are compensated for your injuries and losses.

Car Insurance Companies Avoiding Payouts

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