Hidden Dangers of Speeding

Auto Accident AttorneyPeople often underestimate the risks of speeding and drive faster than the posted speed limit, which reduces their ability to control their vehicle, as well as decreases their reaction time, leading to accidents. As per the statistics available on the NHTSA website, 9,717 people in the U.S. lost their lives due to speeding in 2017 alone. Speeding not only puts the driver’s own life in danger, but also endangers the lives of fellow occupants, other drivers on the road and pedestrians.

Why Do Drivers Speed and Why Is It Dangerous?

There are numerous reasons why a driver may choose to drive faster than the posted speed limit. They might be running late for work, or other commitments. They may be distracted by using a cellphone, or perhaps they are driving under the influence of alcohol or drugs, which may impair their ability to understand the speed they are driving. Speeding puts everyone at risk by:

  • Reducing the reaction time
  • Increasing the risk of losing control
  • Reducing the safe distance
  • Increasing the chances of severe injuries
  • Increasing the probability of fatality

Do I Have A Claim?

Every individual driving their vehicle on the road has a legal obligation to operate their vehicle in a reasonable manner and follow traffic guidelines to ensure the safety and well-being of everyone sharing the roadway. Therefore, if you have become a victim of an auto accident due to negligent driving of someone else, especially speeding, you may hire an experienced auto accident lawyer and initiate legal action.

Do I Need A Lawyer?

Having a solid legal representation can be pivotal to the success of your accidental claim. A competent auto accident lawyer will establish facts and gather evidence, allowing them to devise a strong case in your favor. This will enable you to seek rightful compensation for your loss and sufferings.

Your auto accident lawyer will be able to evaluate the worth of your case, preventing you from settling for lower compensation. This will help you to seek maximum damages for medical bills, lost wages, lost earning capacity, loss of consortium, among others.

Personal Injury Attorney

If you wish to find out more about between hidden dangers of speeding or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.

Can a Pre-Existing Condition Impact a Car Accident Claim?

Auto Accident AttorneyWhen an individual is involved in an auto accident, the last thing they would want is dealing with an insurance company that employs tactics to minimize the amount of your compensation. When it comes to reimbursing your medical bills, insurance companies look into your medical history in an attempt to find any pre-existing medical condition that they might be able to use to claim that your injury was not caused due to the accident or perhaps that accident was only partially responsible.

Therefore, it is critical that you hire an experienced auto accident lawyer to ensure that you receive the financial compensation that you truly deserve, despite having any pre-existing medical condition prior to the incident.

Common Examples of Pre-Existing Conditions

A high impact auto accident can trigger an existing injury; it may get aggravated, flare up and become much worse. Here are some common examples of pre-existing medical conditions that may intensify further due to an auto accident:

  • Arthritis
  • Brain injuries (even concussions)
  • Degenerative disc or Herniated disc disease
  • Fibromyalgia
  • Hernias
  • Shoulder and knee injuries
  • Lower back strains

Pre-Existing Conditions and Your Right to Compensation

An insurance company does not have the right to deny or reduce the amount of your claim solely because you have a pre-existing condition. The legal concept under the umbrella of Eggshell Doctrine states that the victim is entitled to obtain compensation with respect to a pre-existing condition in case if the victim’s pre-existing condition was stable and there was no evidence that it would become worse.

The Eggshell Doctrine is applied when a victim has a pre-existing medical condition or injury that makes them more susceptible to injuries than the others. For instance, if a healthy individual becomes a victim of an accident, they are less prone to pick up an injury than someone who has an existing health condition. Under the Eggshell Doctrine, it states that an insurer cannot use an individual’s pre-existing condition as an excuse to deny financial compensation or reduce the amount of settlement offer.

How to Seek Compensation?

If you have sustained injuries due to an accident, you should call an experienced auto accident lawyer, of course, after immediately seeking medical help. It is important that you inform your attorney about your medical history so that they can be in a better position to defend your claim and nullify all the strategies and schemes employed by the insurer to deny or reduce the compensation.

Remember, you must ensure that you seek immediate medical attention after the accident as any delay can provide them with an excuse to reduce the amount of compensation. Moreover, most recent medical records and physician notes following the accident will be used to determine whether your injuries were caused due to an accident or your underlying condition. Thus, they will help your auto accident lawyer to devise a strong case against the negligent party.

Having an attorney by your side will ensure that your legal rights remain protected throughout the litigation. If you have proper medical records and a skillful auto accident lawyer pursuing your claim, you are likely to obtain rightful compensation for your pain and anguishes.

Personal Injury Attorney

If you wish to find out more about how can a pre-existing condition impact a car accident claim or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.

Receiving Compensation after an Auto Accident

Auto Accident AttorneyWith over 260 million registered vehicles in America, auto accidents are an extremely common occurrence. While some auto accidents are relatively harmless, some cause extreme damage, injuries and even death. According to studies, over 2 million people sustain injuries of varying severities every year in the US alone. Almost 40,000 people lost their lives due to auto accidents in just one year. The major reason behind all auto accidents is the negligence and recklessness of drivers, often driving under the influence of alcohol. It is only fair that people who are involved and injured in auto accidents due to the negligence of others be compensated for their loss and suffering.

In most cases, people are unaware of their rights protected under the state law, which bars them from seeking rightful compensation. Whilst others lack the legal acumen to substantiate their claim. Therefore, it is recommended to seek the guidance of a reputable local auto accident lawyer right after the accident.

How do you seek damages after an auto accident?

Once you have sought the necessary medical attention, you must immediately contact your auto accident lawyer to initiate your case. Taking too long to file your claim can make your case weak and even restricts you from filing a claim at all if the statute of limitations runs out. An auto accident lawyer would collect all necessary information and evidence regarding the accident and file a claim accordingly.

Although, there is some information that you need to collect yourself which can help your case immensely. This includes the registration number of the vehicle that hit you and the insurance details of the driver. Once your claim is filed, the court will hear the case where your lawyer will have to establish liability in order to win the case.

How is liability established in an auto accident case?

It is important for you to understand the significance of establishing liability. Without fully establishing that the other person is at fault and hence liable to pay for your loss, you cannot get compensation. Liability can be established by proving that the negligence of the other person or entity directly caused you damage and injury. Furthermore, you also need to substantiate the full scope of the damages, pain and suffering caused to you by the other party so that the court can award damages accordingly.

Personal Injury Attorney

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident attorney.

5 Common Mistakes People Make When Involved in an Auto Accident

Auto aAuto Accident Attorneyccidents are a common occurrence due to number of vehicles on the roads driven by unruly and inept drivers. Over 2.3 million people are injured or severely disfigured due to auto accidents in the U.S. alone. In most instances, people are uninformed and do not know what to do while dealing with auto accidents they have been involved in. Because of this, people make mistakes which further complicates or worsens the situation.

Here are 5 common mistakes people tend to make in the aftermath of an auto accident:

1.

Failing to inform the authorities

– the very first thing you should do after being involved in a car crash is to call the police and emergency services. The presence of police helps in testifying the actual events which lead to the accident and proper documentation of the injury and damages sustained by you are recorded by the police. These documents are extremely vital if you are going to file a lawsuit to seek compensation. Failure to call the police weakens your claim from the very beginning.

2.

Confessing or admitting fault

– in the heat of the moment and the confusion that ensues in the aftermath of an accident, people tend to admit their fault even if they aren’t actually to blame for the accident. A simple apology can be used against you when you file a claim for compensation for the damages to your car or the injuries you might have sustained.

3.

Failing to exchange contact or insurance information

– in most circumstances, people tend to overlook the importance of acquiring insurance information from the other people involved in the accident. It is extremely important to get the contact details of the person and vehicle information. This information plays a vital role in personal injury claims and without it, you won’t have a case at all.

4.

Taking too long to file a claim

– it is extremely important to file a claim right after the accident. Once the time has passed, it may become difficult to establish the facts of the case to substantiate your claim. Furthermore, if you wait too long the statute of limitations might run out barring you from filing a claim at all.

5.

Not consulting an auto accident lawyer

– people often underestimate the value of legal advice.Most personal injury lawyers offer free advice which helps you can determine whether you need to hire a lawyer or not.

Avoid making these mistakes to ensure that you have a valid claim if you are involved in an auto accident. If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens right away at (847) 395-2200 to speak with an experienced personal injury lawyer.

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What You Should Do If You Get in An Auto Accident

Auto accidents can be caused due to a number of reasons; that can result from the driver’s negligence like texting while driving, to environmental factors like the rain, to other factors such as bald tires, etc. Other reasons might include speeding, running a red light, design defects, tire blowouts, and not being aware of the State’s traffic rules and regulations.

Auto Accident AttorneyIt doesn’t matter what the reason for the auto accident was, it is a traumatic experience. However, staying glued to your seat isn’t the right thing to do, and neither is it safe. Read below to find out everything you should do if you get into an auto accident.

What Should You Do Right After The Accident?

  • Check yourself and your fellow passenger for injuries
  • Get away from the car so you are safe in case it catches fire or something else happens
  • Call 911 for help and tell them exactly what happened and what your injuries are
  • Try to stay calm and tend to the bruises till help arrives
  • Take pictures of the car to document the damage
  • Exchange car and insurance information with the other driver
  • Call the insurance company and inform them of the accident
  • Seek medical attention and make a statement with the police
  • Consult an attorney to know the legalities and what should be done in your current scenario

When Is the Right Time to Consult An Attorney?

If you haven’t been in a car accident before, chances are that you don’t know what the right time is to hire an auto accident lawyer. Instead of learning things the hard way or letting the situation get worse, just see if you are in one of the situations that are mentioned below.

  • The settlement offer of the insurance company is too low
  • The insurance company has wrongfully denied your claim
  • You are seriously or moderately injured probably with a residual disability and have hefty future or current medical bills
  • The other party involved in the accident is filing a lawsuit against you
  • You are being wrongfully blamed for the accident
  • The person injured in the accident is a minor
  • You are having trouble proving the extenuating circumstances that can increase the value of your claim
  • Circumstances surrounding the car accident are too complex to be solved or proven without a proper investigation

If you are stuck in any of these situations, then it is the right time to get legal advice for the car accident.

For more information or to schedule a free consultation, contact The Law Offices of Robert T. Edens, P.C. today at 847.395.2200 to speak with an experienced attorney on this topic.

 

Dealing with the Aftermath of an Auto Accident

Auto Accident AttorneyAuto accidents are a common occurrence in every part of the world. Since an auto accident is an event you certainly do not wish or expect to deal with at any point in your life, most people do not prepare themselves to deal with it. At times, where precious lives are lost it’s almost impossible to prepare yourself for that big of a loss. Regardless, automobile accidents still occur on a daily basis so in case you are involved in one, it’s better to be equipped to deal with the aftermath of the accident.

What to Do If You Are Involved in An Auto Accident

The first thing you need to do is check whether you are okay, then get out of the car and move to a safe place off the road. Secondly, if you are traveling with other people help them out if they are hurt. Call the emergency response team and the police immediately. Emergency service personnel are better equipped to deal with accidents where there are severe injuries, so it’s better to let them handle the situation.

There are some minor mistakes people make in the aftermath of the accident they were involved in which diminish the strength of their subsequent insurance claim. Therefore, it is imperative that you do not make any mistakes. Most common mistakes made by people include admitting fault and taking responsibility. Do not make any rash statements or decisions. Contact your insurance company and an attorney as soon as you can. Furthermore, recording a video or documenting a picture of the accident scene can also augment your case.

How to Get Reimbursed for Injury or Harm Caused by Auto Accidents

Due to the different nature of every accident, the processes involved in getting your insurance claim approved vary. The first thing that needs to be established is liability and once that has been done, the cost of damages incurred is calculated. In order to get compensated for the loss and injury you may have suffered from an accident you need to build a solid claim. An experienced auto accident lawyer or personal injury lawyer is your best bet, as they deal with such cases every day.

Personal Injury Attorney

So, if you find yourself or any of your friends/family involved in auto accident, ask them to follow the aforementioned tips and consult an experienced Auto Accident Attorney by calling at (847) 395-2200 or by dropping an email at redens@rtelegal.com.

 

Sources of Evidence for Proving At-Fault Driver was Driving Distracted

Auto Accident AttorneyDistracted driving is known to be the leading cause of traffic vehicle accidents on American roads. According to the statistics issued by the National Highway Traffic Safety Administration (NHTSA), in 2015, over 391,000 people were injured and 3,477 died in auto accidents due to distracted driving. About 660,000 drivers have been found to be distracted by their cell phones while driving, leading to high probability of injuries and death on the road. Many organizations are working towards spreading awareness of the dangers of distracted driving in Illinois in an effort to save as many lives as they can. Moreover, amendments have been made to the Illinois Vehicle Code to ban the usage of any kind of electronic communication device while driving.

Common Sources of Distraction While Driving

A driver is said to be distracted driving if they are engaged in one or more of the following activities while driving:

  • Texting
  • Using a communication device
  • Adjusting the radio
  • Daydreaming
  • Eating or drinking
  • Grooming
  • Reading
  • Talking to passengers
  • Using any type of electronic device
  • Getting distracted by what is happening in the surroundings, like witnessing an accident

Ways to Prove Distracted Driving Caused the Accident

While distracted driving accounts for a large number of motor vehicle accidents, gathering supporting evidence to prove your claim can be difficult. Here are a few key sources you can use to establish that the at-fault driver was distracted at the time of the accident:

Testimony of Lay Witnesses

Almost at every accident scene, there are people who witnessed how it all happened. Lay witnesses can be motorists on adjacent lanes, pedestrians, the passengers of the distracted driver’s car, and others. If possible, get their personal information so that they can be contacted later on to get testimony for your case.

Videos and Pictures

Since it is the digital age, there are bound to be someone in the crowd who made a video and took pictures of the incident. You can use them as a piece of evidence to prove your claim. Moreover, there are likely to be surveillance cameras in the area, such as on storefronts, traffic signals, street signs, banks and ATMs, and police car dashboards. If you can get the video that recorded the entire incident, you can easily show that the at-fault driver was distracted when the accident took place.

Phone Records

Your attorney can work with the mobile phone carrier of the at-fault driver and obtain phone records of the time of the accident. They have exact time and date of calls and text messages, allowing you to determine whether they were using their mobile phone when the accident occurred. If so, it can be a valuable piece of evidence to support your claim.

Accident Reconstruction Specialists

Accident reconstruction specialists study the entire accident scene to draw conclusions whether the at-fault driver could have been distracted. They take into account the speed, reaction time, skid marks, force of collision and other signs to paint a picture of how the accident may have happened.

Personal Injury Attorney

In rare cases, drivers readily admit that they were distracted, which can save you a lot of hassle in getting compensation for your damages. However, if they do not, you should consider working with an experienced auto accident attorney to gather solid evidence and prove your claim. Contact us at (847) 395-2200 or online today to schedule your initial consultation.

Road Safety to Avoid Auto Accidents during the Holiday Season

Auto Accident AttorneyPeople driving on Illinois roads are always at the risk of being involved in accidents, but during the holiday season, the risk increases for motorists manifold. Inclement weather, increased traffic, drunk driving, road rage, and many other factors make the holiday season particularly dangerous for everyone on the road. From Black Friday to Christmas and New Year’s Eve, it is the time when people are indulged in shopping, get togethers, family dinners, and what not, and it would completely ruin the celebration if they were involved in an accident or collision.

Road Safety Tips

To help you remain safe during this holiday season, we have shared a few tips that you should keep in mind to avoid becoming an auto-accident statistic:

  • With increased traffic due to the holiday season, it is best that you strictly follow the rules and drive within the speed limit at all times. Speeding is among the most common contributing factors of traffic vehicle accidents, and you must neither drive slowly nor too fast, as both can be dangerous.
  • Avoid drinking and driving. If you are drunk, ask a friend to drive you home or call a cab.
  • Drive during the day time, as the probability of getting involved in an accident increases dramatically after dark due to lower visibility.
  • Inclement weather is a major factor for increased car accidents during the holiday season because of the snow and ice. Over 116,800 Americans are injured and another 1,300 are killed in auto accidents due to icy, slushy, or snowy roads and pavements annually, according to a report by Safe Winter Roads. It is best that you winterize your car, and whenever possible, avoid driving in harsh weather conditions.
  • Avoid distracted driving, and resist the temptation of taking calls or reading and replying to messages on your phone.
  • Be extra careful about vehicles in your car’s blind spots.
  • Avoid tailgating and maintain a safe distance from the vehicles ahead.
  • Always check tire pressure as inadequate pressure can lead to decreased traction, increasing the chances of slipping and sliding.

Be Mindful of Parking Lot Problems

Aside from hazards on Illinois roads, a large number of accidents take place in parking lots. Since it is the busiest time of the year, parking lots of shopping malls and centers are usually jam-packed. People are in a rush to either secure a spot or get out of one to be on their way. If possible, you should find a parking spot that is a bit further away from the mall. While you may have to walk a few blocks, you can avoid heavy flow of vehicles coming in and out of the parking lot. If you are a pedestrian, be sure to be vigilant of your surroundings to avoid getting hit by any oncoming vehicles.

Personal Injury Attorney

At the Law Offices of Robert T. Edens, P.C., we care about our clients and make every effort to keep them safe. But when they are injured due to someone’s negligence, we use our extensive experience and knowledge to fight their case and get them the compensation they deserve. Contact us at (847) 395-2200 or online today to schedule your initial consultation

We wish a safe and happy holiday season to you and your family!

Injured in an Auto Accident as a Passenger? Here is What You Should Do

Auto Accident AttorneyThousands of accidents happen every day – fortunately, a majority of them result in minor damages with no physical harm, while some of them cause serious bodily injury and property damage. However, if you are involved in an accident as a passenger, you may not know how you can get compensation for their injuries. Generally, passengers have several options at their disposal for making a claim to recover damages.

Determining Fault and Liability

Typically, it is easy for a passenger to determine fault and liability than a driver bringing a claim against the other driver. This is because passengers do not bear the burden of proving liability – it is understood that one of the drivers is liable, and the plaintiff has to prove it with the help of their personal injury attorney.

The plaintiff needs to establish two things to make a claim: liability and extent of damages. If it was a one car accident, then it is obvious that the driver is liable. For example, hitting a stationary car in a parking lot or crashing into a tree. In such a case, the driver either failed to take appropriate actions to avoid the accident or did something that caused the accident.

If the accident involved two cars, it is natural for one of the two drivers to be liable. It is a rare occurrence for both drivers to be equally responsible for the accident, and hence you can make a claim against the at-fault driver when fault has been established.

If more than one passengers were injured in the accident, all of them can file a claim against the negligent driver. However, each passenger would have to settle for a portion of the total settlement amount if it exceeds the at-fault driver’s insurance limit.

Filing a Claim for Compensation

The passenger has the legal right of making a claim against the insurance policy of the driver with whom they were riding, if they are found to be at-fault. They can recover damages such as present and future medical expenses, lost wages, and some of the non-economic damages, based on the particular situation, up to the policy’s limit.

However, if the passenger is related to the driver, like a sibling or child, special rules may apply. Generally, insurance policies do not provide coverage to injured people who are related to the driver. This is because the claim would then be considered as providing coverage to its own insured driver. In other words, it is not possible to file a liability claim against one’s own auto liability insurance. If the other driver was responsible for the accident, the passenger can make a claim on their policy, or in case of the related driver, they may turn to their own insurance.

Personal Injury Attorney

While it is relatively easy for a passenger to make a claim against the at-fault driver, legal situations tend to become complicated. It is best that you retain the services of an experienced auto accident attorney to help you with your case. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Auto Accident due to a Sudden Medical Emergency – What you Need to Know

Auto Accident AttorneyGenerally, auto accidents happen when one or both drivers acted negligently, resulting in a collision. However, sometimes when a driver is driving responsibly and safely, they face an unexpected and sudden event that was beyond their control, causing the accident. For example, the driver getting an unexpected seizure, causing them to lose consciousness and crashing into another vehicle. In such a situation, it can be difficult to determine who is responsible for the property damage and bodily injuries.

If you have been in an accident where the other driver suffered from an unexpected medical emergency, the court may deal with your case under the sudden emergency doctrine.

Understanding Medical Emergency Defense and How it may Affect your Case

If you have been involved in a car accident where the other driver was at fault, you can hold them liable for damages. However, if the crash occurred due to an unexpected or unforeseen medical emergency, it may be considered as an Act of God. This is a potential defense that is acceptable in the state of Illinois and can be used to relieve the defendant from liability of the accident.

In order for a defendant to use the medical emergency defense, they must be able to establish that:

  • They were rendered unconscious before the accident or crash happened
  • The loss of consciousness was unexpected – meaning that they should not have been in and out of consciousness before the accident, as any responsible would have pulled over in such a condition.
  • The loss of consciousness and hence control over the vehicle caused the accident

Another important aspect is that the loss of consciousness was unforeseen. This is generally the most contested element of such a case. Sometimes, people have medical conditions that pose the danger of such medical emergencies and require them to avoid engaging in activities, like driving or using heavy machinery. The plaintiff’s attorney may obtain your medical records, request a complete checkup from a court approved physician, and use expert witnesses to bring a personal injury claim.

What Qualifies as a Sudden Medical Emergency?

Some unforeseeable medical complications that may allow defendants to ward off liability arising from personal injury claims include:

  • Bad reactions to medication
  • Strokes
  • Fainting
  • Heart attack
  • Mental delusions
  • Diabetic episodes
  • Seizures
  • Unexpected drop or increase in blood pressure

Getting Compensation for Damages in a Sudden Medical Emergency Case

If the defendant is able to establish a sudden medical emergency defense, it can be difficult for you to recover damages by filing a lawsuit or making a claim on the at-fault driver’s insurance policy. It is likely that you will have to resort to making a claim on your own insurance policy, and get compensation for damages up to its limit. However, there is a chance that your insurance company may deny your claim, giving the same reason as the defendant that it was an Act of God.

Personal Injury Attorney

It is essential to work with an experienced auto accident attorney in such situations, as they can come up with ways to get compensation for your damages. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation and discuss your case.