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If you've been injured in an auto accident, then you might be entitled to compensation under Illinois law. Auto accident litigation is not always as straightforward and uncomplicated as it might appear upon initial impression. As you begin to investigate the accident, there's a good chance that you'll discover facts and legal issues that throw a "wrench" into your understanding of the case. Here at Parker & Parker, we understand just how complex and overwhelming a car accident claim may be. If you'd like to learn more about your options and how a Peoria car accident lawyer can help, contact us today to schedule a consultation.

Now, let's take a closer look at some of the complications that you're likely to encounter as you progress through auto accident cases.

Illinois Car Accident Facts

According to the Illinois Department of Transportation , there were 312,988 crashes involving motor vehicles in Illinois in 2019. Injury crashes accounted for 20.4% of these crashes (63,834), while fatal crashes (938) accounted for less than 1.0% of these crashes.

Other interesting facts about car accidents in our state include:

Crashes involving an A-injury [incapacitating] accounted for 12.3% of injury crashes.

Crashes involving pedestrians accounted for 1.5% of overall crashes.

Crashes involving bike riders accounted for less than 1.0% of overall crashes.

Crashes involving speed accounted for 33.4% of overall crashes, 39.2% of fatal crashes, and 37.6% of injury crashes.

Crashes involving motorcycles accounted for less than 1% of total crashes, 14.6% of fatal crashes, and 3% of injury crashes.

Crashes involving tractor-trailers accounted for 3.8% of overall crashes, 10.7% of fatal crashes, and 2.8% of injury crashes.

Crashes occurring in work zones accounted for 2.1% of total crashes, 3.0% of fatal crashes, and 1.9% of injury crashes.

Crashes involving deer accounted for 5.2% of overall crashes in 2019.

There was an average of 1.1 deaths per fatal crash.

79.6% of fatal crashes occurred on dry roadways.

49.7% of fatal crashes occurred during daylight hours.

Should You Hire a Peoria Car Accident Lawyer?

Not every accident leads to a legitimate car accident case. First, you must establish that another driver was at fault for the accident. In negligence cases, fault refers to the breach of the appropriate duty of care; specifically, breach of the duty to drive as a reasonable driver would. Running a red light, for example, is a breach of the duty of care.

Second, you have to show that the breach caused injury or harm to you or your property and that the injury or harm has caused you to suffer damages; e.g., repair bills for your car, medical expenses, or loss of work, to name a few. Fault includes both acts and failures to act, and can involve negligent, intentional, unlawful, and/or reckless conduct. A Peoria car accident lawyer at Parker & Parker can help you understand whether you have a legitimate claim or not.

How Much Money Is My Car Accident Claim Worth?

The value of your car accident claim will vary based on a number of factors, including:

The severity of your injuries

Number of parties involved

Vehicle repairs

Other types of property loss; e.g., damage to items in the car

Lost wages due to time missed at work

Medical bills

Worker's compensation claims

Pain and suffering

Emotional distress

Whether the driver was an uninsured motorist

Whether it was a drunk driving accident

How Does Fault Affect Your Car Accident Compensation?

To determine your total amount of damages, we start by adding up the total financial compensation you are owed for the various types of damages discussed above. Some types of damages are simple to put a value on, such as reimbursement of medical bills. Other types, such as pain and suffering, are more difficult to place a value on; it comes down to a judge or jury, who may look at factors such as the severity of your damages, the severity of your injuries, and the impact on your life and the lives of your loved ones.

However, in Illinois this total may be barred or reduced if you were partly at fault. Under Illinois' Contributory Negligence Rule, found under code section 735 ILCS 5/2-1116 , injured parties may recover damages only if they are less than 50% at fault for the damages. If so, under Illinois' Comparative Fault Rule, the total amount recovered may be reduced in proportion to the amount of fault assigned to the injured party.

For example, if the other driver is determined to be 60% at fault and you are determined to be 40% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 60% of your damages. Thus, if you received $100,000 worth of damage, you may only be able to recover $60,000.

A Peoria car accident attorney at Parker & Parker is among a group of talented negotiators and can help you manage your expectations and negotiate the best settlement package available.

What to Avoid After a Car Accident

After a car accident, there are many people telling you what you should do: exit your vehicle and help anyone, including yourself, who's been injured, contact law enforcement, exchange information with the other driver, collect witness information, take pictures and gather any other evidence, report the accident, and contact a Peoria car accident lawyer at Parker & Parker, even before speaking with your insurance company.

However, there is also a list of things you should do after an accident, including:

Leave the scene of the accident. This may cost somebody their life and lead to criminal charges against you.

Ignore your injuries. Your health comes first.

Admit fault. Never admit fault or even say things like "I'm sorry." These may be viewed as admissions of guilt.

Speak to any insurance company without a lawyer. Contact a Peoria car accident attorney at Parker & Parker first.

Enter into any quick settlement agreement with an insurance company.

Provide a written statement to your insurance company or allow yourself to be recorded.

Discuss the accident with any other party.

Allow anyone to access your medical records.

Post anything about the accident on social media.

Lose your cool.

Identifying Responsible Parties

In auto accident litigation, there may be several third-parties - not just the driver - who can be held liable for your injuries. Potential third-party defendants include, but are not limited to:

Property owners

Public entities (i.e., the city, School District, etc.)

Product manufacturers (i.e., an airbag manufacturer)

Distracting pedestrians and/or passengers

And more

For example, if you get into a car accident due to a defective traffic light, then you might have a right of action against both the defendant-driver and the city for failing to inspect and repair those traffic lights.

Common Auto Accident FAQs

Am I Eligible for Punitive Damages?

Punitive damages are intended to discourage others from engaging in similar conduct to that of the defendant.

Punitive damages are only infrequently awarded, though when they are, the total damages in the case can skyrocket (as the amount of punitive damages is calculated by multiplying the compensatory damages by three to seven times). To qualify for punitive damages, you must be able to show that the defendant engaged in willful, malicious and/or egregious conduct.

What Happens if I am Partly to Blame for the Accident?

If you are partially at-fault for your own injuries, then you can still recover damages - this is known as "pure comparative negligence." You cannot be prevented from suing and recovering damages even if you are 99 percent at-fault. It's important to note, however, that your maximum recoverable damages will be reduced in accordance with your contribution of fault.

Suppose, for example, that you are injured in an auto accident and suffer total losses of $100,000. If the court finds that you are 60 percent at-fault, then you may still proceed with the lawsuit and recover damages, but you will be limited to a maximum $40,000 compensatory damages award.

What Happens if Multiple Cars Were Involved in the Car Accident?

If you've been harmed by multiple defendants, then you may be able to secure your damages in full from one or more of the defendants.

Illinois applies a modified form of "several liability," which allows you to sue and recover your damages in full from a single defendant, even if they are only partially at-fault. The Illinois modified rule does establish a minimum fault amount; however, it is capped at 25 percent, so each defendant's contribution of fault must be carefully considered when strategizing for litigation.

Contact a Peoria Car Accident Lawyer at Parker & Parker for Immediate Legal Assistance

Here at Parker & Parker, our team is standing by to provide assistance. We are committed to client-centered service, and as such, it's important to us that we clarify complex legal issues and guide you through the auto accident claim process in a way that allows you to make informed decisions about the case at hand, and how you'd like to approach it.

Ready to speak to one of our experienced Peoria auto accident attorneys about your case?

Call us at 309-673-0069 or send us your details to schedule a free initial consultation. We look forward to working with you.

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Peoria Car Accident Lawyer | Auto Accident Help | Parker & Parker

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At Parker & Parker, each Peoria car accident lawyer provides experienced representation to those injured in Illinois auto accidents.

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I Have a Pre-Existing Medical Condition. How Does That Affect My Personal Injury Claim?

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I Have a Pre-Existing Medical Condition. How Does That Affect My Personal Injury Claim?

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It's no secret that if you are injured due to the fault or negligence of another party - whether that be from a motor vehicle accident, medical error, or slip and fall - that you are legally entitled to monetary damages. But what if you were not in 100% in perfect health before the injury occurred? What if the injury exacerbated a pre-existing medical condition you were already dealing with?

An insurance company may try to reduce your payout amount by claiming that you would need less medical care if it were not for your pre-existing condition, or that you would not have been injured if you were healthy. However, this is not legal in any of the 50 states. That is why it is important to have a personal injury attorney on your side to prevent insurance companies from trying to avoid paying out the full compensation amount you are entitled to.

The eggshell skull rule, also known as the thin skull rule, holds that the defendant's liability won't be reduced because the victim is more susceptible to injury than the average person. In essence, it means the defendant must "take the victim as they find them," and are responsible for all medical expenses, even if the injuries caused were unforeseen or unexpected.

This common law doctrine has a long history in jurisprudence. In fact, it can be traced back to the 1891 case that established it. In Wisconsin, a 12 year old boy kicked a 14 year old boy on the leg while sitting across an aisle in the classroom. While in most cases this would have led to no more than a bruise, the kick aggravated a microbial infection in the boy's tibia, and he never fully recovered the use of the limb. The state Supreme Court ruled that the defendant was responsible for all of the victim's medical care, despite the fact that he didn't know about the victim's condition.

With this rule, it doesn't matter if your pre-existing condition causes your injury to be greater than would have been otherwise, or that it increased the time and expenses needed to heal from it. The defendant is responsible for all of the medical bills and lost wages needed for you to make a full recovery.

The eggshell rule only comes into play in negligence and intentional tort cases. That is, there must be an independent "wrongful act" that occurs for the eggshell rule to apply, and it does not establish a wrongful act in and of itself. For instance, if someone feels battered because they thought your expression was angry when you said hello to them, there was no wrongful act that occurred. On the other hand, if you accidentally knock someone over with your shopping cart and they have a heart attack, the eggshell rule would be in effect.

It also should be noted that the eggshell rule generally only applies to physical injuries, and not emotional damages such as "pain and suffering." And while some states will allow the rule to be applied to mental health conditions, this is not the norm. For instance, if the plaintiff already had a mental health disorder and an accident triggered greater nightmares or anxiety, most states would not allow them to recover economic damages for this.

While some may think that those with pre-existing conditions "hit the jackpot" when they get injured because the damages awarded are higher than they would have been otherwise, this is not the case. This is where the crumbling skull rule comes into play.

It is easy to get the eggshell skull rule and crumbling skull rule confused because of the similarity of the names, but they have very different meanings. According to the crumbling skull rule, while the defendant is responsible for restoring the victim to the state they were before the accident, they are not responsible for putting the plaintiff into a better position.

In other words, the defendant cannot be held liable for the effects of the pre-existing condition the injured party would have experienced whether or not they were injured. Specifically, you cannot expect them to cover any medical care for your condition that is not specific to the injury. In addition, you may be required to prove that the medical bills submitted are indeed related to the injury.

The eggshell rule is intended to protect those who are considered to be more fragile, frail, or weak than the average person. Insurance companies are well aware of this rule, but that does not stop them from doing everything they can to minimize the amount they have to pay out. They may try to argue that your medical expenses are too excessive for the nature of the injury that occurred. Being represented by an experienced personal injury attorney who understands the complexities of the law will prevent them from being able to engage in such unethical practices.

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I Have a Pre-Existing Medical Condition. How Does That Affect My Personal Injury Claim?

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How the "eggshell skull" rule protects damages awarded to you after an accident.

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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

VEHICLES
(625 ILCS 5/) Illinois Vehicle Code.

625 ILCS 5/11-213

625 ILCS 5/11-214

625 ILCS 5/11-215

625 ILCS 5/11-216

625 ILCS 5/Ch. 11 Art. III

625 ILCS 5/11-301

625 ILCS 5/11-301.1

625 ILCS 5/11-302

625 ILCS 5/11-303

625 ILCS 5/11-304

625 ILCS 5/11-305

625 ILCS 5/11-306

625 ILCS 5/11-307

625 ILCS 5/11-308

625 ILCS 5/11-309

625 ILCS 5/11-310

625 ILCS 5/11-311

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Illinois Compiled Statutes Table of Contents

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I’ve Been In an Accident With an Uninsured Driver. What Do I Do?

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I’ve Been In an Accident With an Uninsured Driver. What Do I Do?

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Car accidents tend to happen when we least expect them. You could be driving to work or home from the grocery store when suddenly your entire day is changed-or even, the rest of your life. It's stressful dealing with the financial fallout following a car accident: figuring out how to get your car repaired, your medical care paid for, and recovering the wages you lost.

It can be an additional source of stress when you find out that the driver that caused the collision does not have car insurance, or not enough to cover the damages. What can you do then? The answer to that depends on what kind of insurance you have on your vehicle, and what state you live in.

Do You Have Uninsured Motorist Coverage?

In many states, carrying unisured motorist coverage is required by law. In others, insurers are required to offer coverage, but the driver or vehicle owner has the option to refuse it. Needless to say, carrying uninsured motorist coverage is a wise idea whether or not it is required in your state. A study by the Insurance Research Council has shown that one in eight drivers is uninsured, despite the fact that this is illegal in nearly every state. So, the chance of being in an accident with one of these drivers might be higher than you anticipated.

Most insurance policies also include underinsured motorists and hit-and-run accidents under the general umbrella of an uninsured motorist. These are situations where the driver has insurance but not enough to cover the damages they caused, or when you are unable to obtain information about the driver and the insurance they may or may not carry. However, some insurers have different tiers for uninsured and underinsured motorist coverage, so it's important to carefully consider when choosing your policy and fully understand what it does and does not cover.

Do You Live In a No-Fault State?

Most states are what are known as "tort" states, where the insurance company of the driver found to be "at fault" for the accident is responsible for financially covering all damages that have incurred. Of course, this can become an issue if the driver at fault does not have insurance, has insufficient insurance, or flees the scene of collision.

Other states are known as "no-fault" states, where a driver's own Personal Injury Protection coverage (PIP) covers some of the medical expenses and lost wages for the driver and their passengers. If you live in a no-fault state, you may be able to receive compensation from your own insurance carrier without having to deal with the other driver's insurer.

Steps to Take After the Accident

You probably won't know right away if the individual you were involved in a car accident with has insurance. However, the steps to take in the immediate aftermath are the same, whether or not the other driver is insured.

1. Call the Police

It's important to have the accident documented and a police report filed any time there is a car accident that causes damage or injury. While someone who is uninsured may try to talk you out of this, having documentation about the accident can corroborate your version of the events if the driver tries to deny fault later.

2. Get the Drivers Information

Even if the driver does not have an insurance card to show you, make sure you still get their other information, such as their drivers license, registration, and license plate number.

3. Take Pictures

When the other driver shows you their information, take pictures of all their documents and of the license plate on their car. Not only does this prevent them from denying being there, it also prevents errors that can occur while trying to write things down while still recovering from the shock of being in a collision. In addition, take pictures of the damages caused to all vehicles involved. Ideally this should be done before the vehicles are moved to the side of the road, but that is not always a safe option.

4. Do Not Accept Money

The other driver may try to offer you money in exchange for not calling the police, or not filing an insurance claim. Since you have no way of knowing what your medical or other expenses will actually be ahead of time, this is not recommended.

5. Seek Medical Care

Whether or not you have obvious injuries, you should get evaluated by a doctor as soon as you can. The symptoms for some injuries may not be evident until days after the accident, such as whiplash or traumatic brain injuries.

6. Contact Your Insurance Company

No matter who is at fault, and whether or not the other driver has insurance, you will need to notify your insurance carrier about the accident. They will advise you about what they are able to cover, depending on your policy.

How to Obtain Compensation

If your policy includes uninsured/underinsured motorist coverage, or if you live in a no-fault state, you shouldn't run into many issues when it comes to receiving compensation for expenses related to the accident. Your options may be limited if you do not, but there are some other avenues of recovery that could apply in your case.

Other Types of Coverage

If you live in a tort state and do not have uninsured motorist coverage on your policy, some of your damages may still be covered by optional add-ons. If you have collision coverage, you should be able to receive compensation to repair your vehicle. In addition, if you have medical payments ( MedPay) coverage, it can be used for the medical expenses of yourself and passengers.

Lawsuits

You may be able to sue the other driver for expenses, but that is no guarantee that you will receive any money, even if you win the case. If the other driver refuses to pay, or simply does not have the money, there is not much you or the courts can do to force them.

Third Party Liability

There may be parties other than the driver that you can sue for compensation, depending on the circumstances. For instance, if the driver was not the owner of the vehicle, then the owner may be the one who is financially responsible. Likewise, if the vehicle is owned by a company and the driver was on the clock, you may be able to seek damages from their employer.

If the collision is shown to be the result of a defect or poor repair job done on the vehicle, then the vehicle manufacturer or the repair facility could be held liable as well.

Why You Should Seek Legal Counsel

As you can see, dealing with an uninsured motorist can make obtaining proper compensation after a car accident difficult. There are many complexities involved when it comes to recovering this compensation, and you may be confused about whether or not your expenses will be fully covered. For this reason, it is recommended to seek the counsel of an attorney who is experienced in dealing with uninsured motorist claims. They will be able to provide expert guidance on what avenues of recovery are open to you.

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I've Been In an Accident With an Uninsured Driver. What Do I Do?

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Your Options Depend on Your State and Your Insurance Coverage

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300 NE Perry Ave

Peoria, Illinois 61603

309-673-0069

https://www.parkerandparkerattorneys.com/

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Proving PTSD After an Illinois Car Crash

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Proving PTSD After an Illinois Car Crash

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There are about 300,000 car crashes in Illinois every year. While not all of them are serious, some require medical attention. Generally, when we think of injuries after a car accident , we think about physical injuries. However, mental injuries in car crashes are incredibly common. The National Institute of Mental Health has estimated that nearly forty percent of survivors of car accidents suffer from PTSD subsequently.

Just like you can get damages for your physical injuries-like a broken arm-you may be able to recover damages for mental injuries such as PTSD. Read on to learn what PTSD is and how to get compensated following an Illinois car crash.

What is PTSD?

PTSD stands for post-traumatic stress disorder. Once thought to only apply to soldiers returning home from war, it is commonly accepted that civilians also experience it. It is a disorder that happens when a person struggles to recover after experiencing a shocking event.

Here are some of the most common symptoms:

While many people experience shock after a car crash, PTSD is distinct because it can last for months or even years. Certain things will trigger a person to have memories of the traumatic event. As a result, the person will have emotional or physical reactions, nightmares, anxiety, or depression. They may also avoid situations (like being in a car) that will trigger those responses.

How Do You Stop Having PTSD?

Fortunately, there is treatment for PTSD. It does not need to last forever. One method of treatment is psychotherapy with a therapist who specializes in trauma. Another method is the use of medications.

Why Do Car Accident Survivors Suffer from PTSD Sometimes?

Car accidents can be terrifying. A lot of times, they are not anticipated. This is especially the case if you are hit by another driver. It can be shocking. In more serious accidents, you or your passengers can suffer from painful or dangerous injuries. This can all contribute to a diagnosis of PTSD.

Can You Get Damages for PTSD Following a Car Crash in Illinois?

Yes, it is possible to receive damages for PTSD resulting from a car crash in Illinois. Under Illinois law, you are able to recover for emotional damages. Emotional damages are mental repercussions such as pain, trauma, or other emotional distress.

First, you will need to show that the car accident was the fault of the other driver. Next, you have to show that the car accident caused the PTSD. You will not be able to recover if there was another cause for your PTSD. Finally, you have to show that the PTSD is interfering with your enjoyment of life in such a way that you should be compensated.

Proving PTSD After a Car Crash Can Be Challenging

While many people suffer from PTSD following a car crash, it is not so simple to prove that you have PTSD in court. Insurance companies and the other driver's attorneys will try to show that you do not suffer from it to prevent you from recovering damages for it.

Here are some things that you can do to support your case.

Things to Support Showing That You Have Suffered PTSD After an Illinois Car Crash

Get an immediate evaluation from a medical professional.

In any car crash, it's a good idea to get checked out by a doctor as soon as possible. This will help identify any injuries you might have overlooked due to the shock of the accident. Not only will the doctor's report provide information about your physical health, but it may also generally speak to your mental state.

Keep a journal or diary detailing how you are feeling emotionally after the car crash.

It is very common for people to block out the specific details of traumatic events. It is the way that the human mind copes. While this is ultimately a good thing, it can be bad if you need proof of how you felt directly after an event. Keep track of the facts after an accident. Journaling can help you document your feelings as well as give you an opportunity to process your trauma.

Ask your family or friends to provide testimony about your mental state following the crash.

Your friends and family may be able to speak to how you were before the crash and after the crash if you were usually adventurous and bubbly and now have become reclusive, that speaks to the impact of the PTSD. They may also be able to provide testimony about how your PTSD has affected your relationships with them.

Get mental health support from a psychologist or a psychologist.

Showing that you are seeking mental health services will provide further credence to the fact that you are suffering mentally. The therapist might also be able to provide testimony about your condition, including providing the court with the diagnosis.

What Sort of Compensation Can I Expect?

Every car crash is unique. Still, if you are in a car accident, you can expect to recover your lost wages, medical bills, pain and suffering, and emotional distress damages. If you suffer from PTSD following the crash, you should get paid for therapy, meds, or other treatment needed to help with your PTSD. Additionally, you should be compensated for having to deal with the pain of this disorder.

Many things will impact your particular recovery:

1. Will you recover quickly from PTSD or will it impact you for a while?

2. How severe were the events that led to the PTSD?

3. What sort of impact is PTSD having on your personal life and employment?

4. How is PTSD impacting you financially?

If you have been in a car accident and believe you may have PTSD, contact an experienced personal injury attorney today to discuss your case.

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Proving PTSD After an Illinois Car Crash - Parker & Parker Attorneys at Law

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Still having lingering issues related to a car crash? An Illinois lawyer can help you recover damages for PTSD after a car crash.

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Common Types of Evidence in Car Accident Cases

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Common Types of Evidence in Car Accident Cases

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"My car has been damaged after a collision with another vehicle-I am entitled to money," you may think. In some cases, your thought is correct. But even if you are entitled to money, you still need to prove your case. Yes, even if it is obvious that you were injured due to a car accident , you will need proof to recover any money as a result. You will need to show the following:

There was a car accident

The other party was at-fault or more at-fault than you
You must show that the other party was negligent when they were operating their vehicle by failing to exercise proper care.

The accident was the result of negligence
You need to prove that the accident would not have happened except that the driver did not exercise due care and that there was no other cause of the crash.

You have suffered injuries as a result of the car accident

Those injuries translate into damages
The injuries you suffered require you to receive compensation to be whole again.

All of this requires evidence. This article details the type of evidence that you need to have to prove your car accident case and how to gather it.

Who is Responsible for Keeping Track of Evidence from a Car Accident?

A seasoned personal injury attorney knows what sort of evidence you need and can help get other evidence to help build your case. Even if you hire an attorney very soon after the crash, there will be a period of time after the crash where it is your responsibility to maintain evidence. That is why it is important to understand what evidence you may need before a crash even occurs.

Preserving Evidence after a Car Accident

Car accidents can be shocking and disorienting. They also can result in physical injuries requiring immediate attention. Whether shocked or injured, people in car accidents may not take care to record evidence after a car accident. Of course, the first thing that you should do is to receive medical care. Afterward, start gathering evidence. If there is not a police officer there, call one. If there are any eyewitnesses present, get a statement. Take pictures of the sky, the intersection, your car, their car(s), your body, and anything else that may be relevant. Get identifying information from the other driver(s) such as name, phone number, insurance company, driver's license number, and license plate number.

Photographs

Any photos that you took during the day of the crash are important. You may also be able to get surveillance photos from any traffic light cameras. There may also be footage from private surveillance cameras that you can use as well.

Here is what you should photograph following a car accident:

Your body, highlighting any injuries that you could have suffered

Placement of the cars

Condition of the vehicles

Intersection/street signs

Weather/light conditions

Broken glass

Property damage

Any other debris from the collision

Road defects or construction that might have caused the accident

Stop signs or traffic signs

Police Reports

Police do not automatically come to the scene. However, it is important to get a police report for your insurance company and for any future lawsuit. Police will document vehicle damage and any damage to the area. They will talk to the parties involved as well as any witnesses. Police might declare who is at fault, but they might leave this determination up to the insurance company or jury.

Eyewitness Testimony

While police will generally speak to eyewitnesses, nothing prevents you from speaking to them and getting their contact information. Many witnesses may decide to leave the scene once police arrive and they assume everything is okay. At that point, you may miss out on key testimony. Their testimony will provide more proof of how the accident happened.

Forensic Reports

These are reports generated by investigators or police that report damage to the vehicles and the surrounding area. It will include information about skid marks, debris, and damaged property. It will provide a theory about how the accident happened, what the cause was, and what the conditions were at the time. This can help prove fault.

Medical Reports

Medical reports are reports that are issued by a person who treats your injuries at a hospital, in an ambulance, or at the scene of the accident. You can also get medical reports from physicians or medical professionals you see after the accident for any follow-up appointments, treatments, or surgeries.

Get medical attention as soon as possible, even if you do not feel like you are injured. A doctor's testimony can establish that your injuries result from the car accident and not from another cause. Remember, the other side will try to argue that you either were not injured or that your injuries resulted from something other than the car accident. A doctor's initial statement will help establish not only that the accident caused your injuries but help speculate about any future injuries. Keep seeking medical attention until you feel better.

Journals provide insight into your state of mind and how your body feels following a car accident. Document how you are feeling as soon as you can after an accident. Continue to journal for at least a few weeks. Sometimes, symptoms do not arise until a bit after an accident has occurred.

A Final Word

No matter how great your case is, do not wait too long to file your claim. In Illinois, you have two years to file a claim. It is always better to file claims sooner than later so that you can preserve key evidence and get recovery when you need it. Need legal assistance? Get the help you need today - call our office right away.

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Common Types of Evidence in Car Accident Cases

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Been involved in a motor vehicle crash? Find out what types of evidence are necessary to prove your claim for damages after a car accident.

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It is the responsibility of every driver to help keep roads within the state of Illinois as safe as possible.

Drunk Driving

Illinois law enforcement officers consider driving while intoxicated to be a serious criminal offense. The penalty for a first time DUI offender includes:

Fine of up to $1,000.

Loss of full driving privileges for 1 year minimum.

Possible imprisonment for up to 1 year.

Possible signs a driver has been drinking include:

Following too closely.

Drifting into opposing traffic.

Driving outside designated roadways.

Weaving across the road.

Improper signaling.

Erratic braking.

If you see a suspected drunk driver on the road, call 911 and provide the exact location of the vehicle, a description of the vehicle including the license plate number, and a brief report of specific behaviors you have witnessed that may indicate a potential problem.

Child Car Seat

In Illinois, the Child Passenger Protection Act states:

A child under 2 years old is required to be in a rear-facing child car seat unless they are over 40 lbs or are taller than 40 inches.

A child under the age of 8 years old must be secured in a child car seat.

Drivers and all passengers must be secured in either a seat belt or child car seat.

Anyone under 18 years old must wear seat belts when they are riding in vehicles driven by people under 18 years old.

Failure to comply with the provisions of the Illinois Child Passenger Protection Act is considered a petty offense. First-time offenders are subject to a fine which can be waived upon proof of possession of an approved child passenger restraint system.

Parents may also want to think twice before leaving their children in unattended motor vehicles; they could be charged with neglect. Leaving a child (or a pet) in a vehicle could subject them to kidnapping, accidents, or death, especially during inclement weather. If you see a child or pet in a car that you believe is endangered, call 911 and stay with the vehicle until authorities arrive.

Headlights

Illinois law states that motorists must use their headlights from sunset to sunrise and when rain, snow, fog, or poor weather conditions require the use of windshield wipers. Headlights are legally required when objects 1,000 feet away from your vehicle are not visible. Your lights must be dimmed 300 feet before you plan to pass another vehicle.

Motorcycles must be equipped with 1 headlight that shows objects 500 feet ahead. However, the motorcycle's headlight must remain on whenever the vehicle is in operation.

All additional lights on a vehicle are required to emit only a white or amber light without glare for the safety of other drivers.

Bike Lights

Illinois law also requires that bicycles must have headlights if they are to be used at night. It must also have a red reflector on the back; you can also use a red light on the rear.

Electronic Devices and Texting

Illinois bans hand-held electronic devices use for all drivers.

All drivers of all ages are banned from texting, teleconferencing, video chats, or video streaming and using a hand-held electronic device while driving. Only drivers 19 years old and over are permitted to use a handsfree device while operating a vehicle. Drivers who are in a crash which results from distracted driving may face driver's license suspension and face criminal penalties.

Regardless of whether or not it is illegal for you to use an electronic device while driving, it's important to be cautious when making calls. Distracted driving can be a significant safety hazard, especially when you're traveling in heavy traffic or under poor weather condition.

Helmet Laws

Illinois does not have a universal helmet law. However, it is highly suggested that you wear a helmet if you are operating or riding on a motorcycle or bicycle.

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Illinois Safety Laws - Cell Phone, Seat Belt, & Car Seat | DMV.ORG

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Illinois cell phone, car seat, seat belt, and child safety laws. Your source for IL safety laws.

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How Do Truck Accidents Differ From Car Accidents?

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How Do Truck Accidents Differ From Car Accidents?

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There are six million passenger car accidents in the United States every year, with nearly 40,000 people losing their lives in them. According to the National Highway Traffic Safety Administration, there were 538,000 large trucks involved in traffic crashes in 2019. Truck accidents have been on the rise as well as fatality rates. Accidents involving cars and trucks typically have severe consequences for car drivers and passengers. Most fatalities involving truck accidents come from passengers in the cars rather than occupants of the trucks. Each year, there are roughly four thousand casualties in multiple-vehicle crashes that involve a truck.

Car accidents and truck accidents are similar in a lot of ways, but there are some key differences. Read on to learn more about the differences in causes, types of accidents, and severity, as well as how this may impact the recovery process in the event that you are involved in an accident.

The Difference in Causes

Equipment Malfunction

One reason that accidents happen is due to equipment malfunction. On a passenger car, this could be due to anything from a braking issue, wipers not working, a popped tire, a faulty steering system, or lighting issues.

Trucks can suffer from the same mechanical failures. However, they can be more likely to suffer from equipment malfunction due to the increased complexity involved in a truck and their size. Many trucks are not designed to go faster than 75 MPH. Driving above that speed can cause excessive heat, leading to a tire breakdown.

The other element that can malfunction on a truck is the trailer. Trucks are hauling all sorts of cargo-from merchandise to chemicals. If the cargo did not get loaded or secured, it can become loose and cause an accident. Cargo can make an accident even more severe. This is especially the case if the cargo contains hazardous chemicals, which can affect the car or the passengers. Hazardous cargo is present in approximately four percent of large trucks involved in fatal collisions.

In the United States, drowsy driving contributes to over 100,000 crashes each year. This number is likely much higher due to difficulty in determining whether someone was tired during a crash. While fatigue can play a role in car accidents, it is much more common in cases of truck accidents. This is because truck drivers will drive for very long distances and may have deadlines to make. Roughly two-thirds of truck drivers experience regular fatigue. A study on large truck crashes conducted by the FMSCA discovered that fatigue is one of the largest causes of truck accidents.

Sheer physics can account for why truck accidents are generally so much worse than car accidents. Tractor trailers can weigh upwards of 80,000 pounds. Conversely, passenger vehicles can weigh a few thousand pounds.

Automobile drivers can contribute to truck accidents due to not understanding how trucks are limited by their size. Trucks do not handle the same way that cars do. It takes longer for trucks to brake given the amount of weight that they are towing. If a driver cuts in front of a truck without giving them enough space or time to stop, the truck can rear-end them. This is compounded when there are bad weather conditions, which makes it more difficult for both trucks and cars to stop in time.

Types of Accidents

Rollover Crash

Rollover accidents happen when a vehicle flips onto its side or onto its roof. Poor weather conditions, excessive speed, or both can cause a rollover vehicle crash. Additionally, slamming the brakes onto a slick substance can cause a rollover crash.

While both cars and trucks can experience rollover crashes, trucks are susceptible for different reasons. They are generally hauling cargo. If that cargo shifts, the center of gravity will also shift. This can affect the truck's momentum and lead to a rollover crash.

Jackknifing

This is one of the most common types of accidents to happen to a truck. Jackknifing is the phenomenon of when the trailer that a truck is carrying pushes the front towing vehicle to one side or all the way around so it faces backward. This happens when the load being towed is particularly light or a driver has to stop abruptly.

It can put other drivers on the road at serious risk. Jackknifing incidents can cause severe injuries and deaths.

The Difference in the Severity of the Accident

Bodily Injury

The accidents caused by truck accidents tend to cause more damage to bodies. They can cause anything from whiplash, paralysis, or even death. This is due to the size of the truck and the impact that it has on a lower-set car. Rehabilitation may be more extensive than a car-on-car accident, resulting in higher medical costs.

Property Damage

Accidents caused by trucks are also more likely to cause a higher dollar amount of property damage, whether the truck is involved in a collision with another car or the truck is the only vehicle involved. Trucks are more expensive than cars, so repairing them will cost more money. If the truck has caused damage to a car, the damage is likely to be severe, resulting in the car being totaled. In car-on-car accidents, there is a greater likelihood that property damage may be minimal.

The Recovery Process

In the case of an auto accident , recovery will involve suing the driver and recovering from their insurance company. If a vehicle equipment malfunction plays a role in the accident, it could involve suing the car manufacturer or the product manufacturer. Truck accidents can be much more complex in terms of recovery. Depending on what caused the accident, an injured party may need to sue the driver or the manufacturer. They also may need to bring suit against the transport company, that is the company that has the driver working for them. Another potential party to sue is the maintenance provider if faulty maintenance led to the truck to malfunction.

Truck accidents generally result in tricky cases, which is why an experienced truck accident lawyer is a good idea. Contact us to speak to someone about your truck accident.

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How Do Truck Accidents Differ From Car Accidents? - Parker & Parker Attorneys at Law

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There are six million passenger car accidents in the United States every year, with nearly 40,000 people losing their lives in them. According to the

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Illinois Tollway Working With Truck Enforcement Community To Promote Give Them Distance

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Illinois Tollway Working With Truck Enforcement Community To Promote Give Them Distance

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What Steps Can I Take If I Have Been in a Truck Accident Carrying Hazardous Materials?

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What Steps Can I Take If I Have Been in a Truck Accident Carrying Hazardous Materials?

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Truck Accident with Hazardous Materials: Legal Steps Guide

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Here are the steps you should take if you are involved in an accident with a truck that is carrying hazardous materials.

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Illinois Motorcycle Operator Manual 2024

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Illinois Motorcycle Operator Manual 2024

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Overcoming Bias in Motorcycle Accident Cases

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Overcoming Bias in Motorcycle Accident Cases

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Equal treatment under the law is a value in American society. This means that bias should not creep in when a judge or jury is rendering a judgment but that the decision-makers should instead look purely at the facts. Of course, that is not realistic. Everyone brings biases and preconceived notions into decision-making, no matter how hard they try not to. Unfortunately, those biases can impact how an individual decides a case. Those biases can negatively impact you if they are not in your favor.

One group that understands bias is motorcyclists. Juries, judges, and the general public tend to view motorcyclists as engaging in inherently dangerous behavior. This bias can negatively impact motorcyclists who are bringing a claim after being involved in an accident. The decision maker might assume that if the motorcyclist was not engaged in the "dangerous" behavior of riding a motorcycle, then they would not be in a motorcycle accident . Therefore, they might decide that the motorcyclist is not entitled to some or all damages. This also can be the case with insurance companies. They might assume from the start that the motorcyclist was at fault, and they can devalue or deny a claim.

Combating this bias can be difficult for attorneys to overcome. However, it is not impossible. A seasoned motorcycle accident attorney can prevent a strong case to a decision maker that mitigates their bias and presents the best version of the facts.

How Is This Bias Formed?

Biases are typically based on some sort of personal experience. For instance, a person who thinks that a motorcycle is dangerous may have known someone who was in a motorcycle accident before. There are also statistics about motorcycle accidents that speak to the danger that can arise from motorcycle operation. Those statistics show that motorcycles, when involved in accidents, are more likely to result in a fatality.

Motorcycles encounter many , and people who ride motorcycles can get involved in accidents, some of which can be quite serious. In itself, this does not mean that the motorcyclist is at fault for the accident.

Common Biases Against Motorcyclists

These are some of the most common biases against motorcyclists.

Motorcyclists are reckless.

Someone who drives a motorcycle is often identified as someone who is reckless. While some motorcyclists are reckless, the vast majority of motorcyclists follow the rules. In fact, motorcyclists are often extremely careful drivers because the risk of accident and serious injury is higher for them due to the nature of their vehicles. There is also the stereotype that motorcyclists travel at excessive rates of speed and weave in and out of lanes. Although some motorcyclists are reckless drivers, most of them are not.

Motorcyclists are outlaws.

There are some motorcyclists who are members of gangs or other associations or otherwise are outlaws. The vast majority of motorcyclists are law-abiding, regular people who just want to enjoy the road from the vantage point of their motorcycle.

You can't see them.

Motorcycles are small, and they don't have as much light coming off of them as, say, a car. In a sense, a motorcycle can be harder to see than a car. However, they are not impossible to see. Simply because a motorcyclist chooses to operate a vehicle that is smaller than a car does not mean that other drivers are excused from seeing them on the road.

How Does the Bias Impact My Case?

It is one thing for your neighbor to roll their eyes when they see your motorcycle. It is quite another when you are injured, and trying to get recovery, and you are being dismissed by your insurance company or a judge/jury. You may feel that it is impossible to overcome this bias.

Insurance companies sometimes act in bad faith to avoid providing adequate compensation to a policyholder. An insurance company remains profitable as long as it pays out less money than it receives in premiums, so it is in its interest to pay out as little as possible. Motivated by this, and combined with bias against motorcyclists, insurance companies can use these biases to their advantage to avoid paying a claim. Without an attorney, a policyholder may just accept the insurance company's claim rejection. Or, even with an inexperienced motorcycle accident attorney, the attorney may tell the client that the case will not look good in front of a court if the insurance company rejects the claim. An insurance company may also offer a lot less money than the claim is worth. Insureds might take the money, thinking that if they do not accept, then they will not receive anything for their claim.

Juries can also exhibit bias towards motorcyclists. Jurors might simply hear that a motorcycle was involved in an accident and, before even learning the facts, decide that the motorcyclist did something to cause the accident. Or, due to their lack of knowledge about how motorcycles work, they might misinterpret the facts. For instance, it may be that you sped up to make a turn before the accident happened. But, as motorcyclists know, motorcyclists do have to increase their speed in order to make a turn safely.

Good, experienced motorcycle accident attorneys understand how motorcycles work, and they understand the bias against motorcyclists. They will work to prove the facts of your case and make a clear presentation of your case that combats the biases that will exist.

Contact an Experienced Motorcycle Accident Attorney

Bias is never a good thing, but it can be a really bad thing when you are trying to recover from an accident and move on with your life. The bias that people, including insurance companies and juries, have against motorcyclists is a real phenomenon. This is why it is imperative to have an experienced motorcycle accident attorney fight for full compensation for you.

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Overcoming Bias in Motorcycle Accident Cases - Parker & Parker Attorneys at Law

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Read on for tips on how to combat biases that exists in motorcycle accident cases. Get the help you need from our firm today.

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Mitigating legal risks against collecting truck drivers' biometric data

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Mitigating legal risks against collecting truck drivers' biometric data

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Driver cameras and truck driver privacy rights

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The most common mistake is being unaware of privacy laws related to biometric data collection.

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How Truck Accident Lawyers Can Help You Maximize Your Compensation

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How Truck Accident Lawyers Can Help You Maximize Your Compensation

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Truck Accident Lawyers Can Help Maximize Your Compensation

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If you are in a truck accident, a seasoned truck accident attorney can help you get the maximum compensation to which you are entitled.

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Blood Alcohol Level: What CDL Holders Need to Know

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Blood Alcohol Level: What CDL Holders Need to Know

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Blood Alcohol Level: What CDL Holders Need to Know

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Learn the blood alcohol level limits for CDL holders, how they affect your license, and what every truck driver must know to stay compliant.

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How Long Do You Have to File a Car Accident Claim?

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How Long Do You Have to File a Car Accident Claim?

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If you have been in a car accident, and you are dealing with medical appointments and bills piling up, filing a lawsuit might be the last thing on your mind. Delays in filing a lawsuit, however, can possibly cost you your ability to recover damages. This is because each state has deadlines, known as statutes of limitations, for how long you have to take legal action. Additionally, delays in filing a claim can hurt your case, even if you are within the statute of limitations, if you miss out on gathering crucial evidence. This is what you need to know about filing a claim on time, ensuring you don't miss your chance to seek the recovery you deserve.

Taking Legal Action

You may want to pursue legal action after a car accident , especially if there are injuries, significant property damage, or disputes over liability. Legal action can help ensure that you receive fair compensation for medical expenses, lost wages, and pain and suffering resulting from the accident. Insurance companies may not always offer a fair settlement, especially if they are trying to minimize their payouts. Legal action allows you to challenge unfair offers and pursue the full compensation you deserve.

It is advisable to contact an experienced car accident attorney as soon as possible after the car accident. However, some people may be on the fence about whether they need to file a lawsuit or want to. While this decision may be tough, you should contact a personal injury attorney as close to the accident as possible. This is because they can help you gather medical records, witness testimony, and other evidence to build a strong case for damages. Additionally, your attorney might be able to help you get a settlement so that you can avoid going to court. In the event that you need to go to court, your attorney will represent you and protect your interests.

Statute of Limitations

The statute of limitations is a law that sets the maximum time period within which a person can file a lawsuit after an event, such as an accident or injury. The statute of limitations exists to ensure legal claims are made within a reasonable time frame, promoting fairness by preventing the filing of stale claims where evidence may be lost and memories fade. In personal injury c ases, including car accidents, the statute of limitations in most states ranges from 1 to 6 years, depending on the type of case and the jurisdiction. If the time period expires, the victim may lose their right to pursue legal action, regardless of the merits of the case.

In Illinois, those with bodily injury claims have within two years f rom the date of the accident to file a lawsuit. However, if you were under age 18 when the accident occurred, then you have two years from the date of your 18th birthday to file. Property damage claims have a longer statute of limitations. Regardless of your age when the accident happened, you have five years from the date of the accident to file.

Exceptions to Statute of Limitations

If you did not file within the statute of limitations, it is possible, under certain circumstances, to still file the case. "Tolling" the statute of limitations means temporarily pausing or delaying the time period within which a lawsuit must be filed. However, this cannot be for reasons such as forgetting or it being an inconvenient time for you. One thing that tolls the statute of limitations, as mentioned above, is if you were a minor at the time of the accident. The statute of limitations can also be paused if you were mentally disabled at the time of the accident or injury. In this case, the clock won't start until the disability is lifted, after which you'll have two years to file your lawsuit. Similarly, if you become mentally disabled after the accident but before the two-year deadline ends, the time limit is paused until the disability is removed. Additionally, the statute of limitations is paused if the defendant leaves the state or cannot be found.

Waiting Until The End of the Statute of Limitations Is a Bad Idea

Waiting until the end of the statute of limitations to file a legal claim is generally a bad idea. First, it puts you at risk of missing the deadline entirely, especially if you face unforeseen delays in gathering evidence or documentation. Many cases require time for investigation, expert consultations, and negotiation with insurance companies, and waiting too long may not leave you enough time to complete these steps properly.

Additionally, as time passes, evidence may deteriorate or become harder to obtain. Witnesses may forget key details or be unavailable, and physical evidence may be lost or damaged. Delaying your claim can also harm your chances of securing a fair settlement, as defendants may argue that the delay weakens your case or implies that the injuries or damages were not as serious as claimed. Filing early allows for a thorough investigation and maximizes your chances of a favorable outcome.

Consult With Peoria Car Accident Lawyer

It is very important to talk to an attorney as soon as possible after a car accident to protect your rights and improve your chances of getting fair compensation. If you are debating whether your i njuries are severe enough to hire a personal injury lawyer , it is best to do this sooner rather than later, ideally after consulting with a car accident attorney. A car accident lawyer can make sure your claim is filed within the statute of limitations so you don't miss out on the chance to get the compensation you deserve. Waiting too long could mean losing that opportunity. Plus, meeting with an attorney early on helps them gather evidence, talk to witnesses, and build a strong case while everything is still fresh in everyone's minds. Don't delay-contact an experienced Peoria car accident lawyer today.

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How Long Do You Have to File a Car Accident Claim? - Parker & Parker Attorneys at Law

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Involved in a car accident? Read on to find out how long you have to file a car accident claim in Illinois.

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In 2021, 5,700 large trucks were involved in a fatal crash, an 18% increase from 2020 and a 49% increase in the last 10 years. The involvement rate per 100 million large-truck miles traveled is up 7% from 2020, and up 22% in the last 10 years. Large trucks are defined as any medium or heavy truck, not including buses and motor homes, with a gross vehicle weight rating greater than 10,000 pounds. Both commercial and non-commercial vehicles are included.

Large trucks accounted for:

9% of all vehicles involved in fatal crashes

5% of all registered vehicles

10% of total vehicle miles traveled

Also in 2021, 117,300 large trucks were involved in crashes resulting in an injury, a 12% increase from 2020. Since 2016, the number of trucks involved in injury crashes has increased 15% and the involvement rate per 100 million large truck miles driven has increased 3% to 36. Starting with the 2016 data year, the National Highway Traffic Safety Administration (NHTSA) began using a new Crash Report Sampling System (CRSS) to estimate the number of nonfatal crashes. CRSS uses a different sampling design than previous estimates and is not directly comparable to earlier data years.

*2016 - 2021 injury estimates are not comparable to previous years.

A total of 5,788 people died in large-truck crashes in 2021. The number of deaths increased 17% from 2020 and is up 47% in the last 10 years. The majority of deaths in large-truck crashes are occupants of other vehicles (72%), followed by truck occupants (17%), and non-occupants, primarily pedestrians and bicyclists (11%).

The number of injuries in large-truck crashes increased 5% in 2021, to 155,000. As with deaths in large-truck crashes, most of the injuries occurred to occupants of other vehicles (71%), followed by truck occupants (27%) and non-occupants (2%).

*2016 - 2021 injury estimates are not comparable to previous years.

The infographic summarizes several key facts related to fatal crashes involving large trucks in 2021. More than half of fatal large-truck crashes occurred on rural roads and about a quarter on interstates. Sixty-three percent of the crashes happened during daylight hours, and 6% happened in construction zones. The peak month for fatal truck crashes was September, and February had the fewest crashes.

Sources:
National Safety Council (NSC) analysis of NHTSA's CRSS and Fatality Analysis Reporting System (FARS) data files.

National Center for Statistics and Analysis. (2019, January). Large trucks: 2017 data. (Traffic Safety Facts. Report No. DOT HS 812 663). Washington, DC: NHTSA.

See data details

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In 2020, 5,700 large trucks were involved in a fatal crash, a 18% increase from 202 and a 49% increase in the last 10 years.

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How To Prove A Trucking Company’s Negligence In Your Injury Claim

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How To Prove A Trucking Company’s Negligence In Your Injury Claim

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Injury Claim: How To Prove A Trucking Company’s Negligence

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To recover damages for a vehicle accident with a truck, you may need to show that the trucking company was negligent.

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Is lane-splitting legal for motorcycles in Illinois? Here's what to know

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Is lane-splitting legal for motorcycles in Illinois? Here's what to know

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Is lane-splitting legal for motorcycles in Illinois? Here’s what to know

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With construction on the Kennedy Expressway in recent months leading to significant traffic backups throughout most days on the Chicago highway, motorcyclists may be wondering if splitting lanes to get ahead in traffic is legal.

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Wrongful Death Claims After Fatal Motorcycle Accidents

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Wrongful Death Claims After Fatal Motorcycle Accidents

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Wrongful Death Claims After Fatal Motorcycle Accidents - Parker & Parker Attorneys at Law

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Read on to find out what you need to know about filing a wrongful death claim after a fatal motorcycle accident.