Auto Accident at Route 45 in Libertyville, IL

There was an auto accident in Libertyville, IL, on November 8, 2016. The accident occurred at Route 45, south of 120.

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The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch. Contact us today for a free consultation.

 

The Law Offices of Robert T. Edens, P.C.

 

Auto Accidents due to Bad Road Conditions – Who is to Blame?

11While speeding, drunk driving, and distracted driving are some of the leading causes of auto accidents, bad road conditions are also a major contributor. According to a study, over 22,000 fatalities happen due to dangerous road conditions, which cost $217.5 billion annually on average. They are mostly a result of natural events, such as ice and snow, tropical rains, and flooding, that make roads unsafe for driving. Moreover, they may also arise from improper condition of a road and absence of appropriate safety signage.

It is the government’s duty to design and construct roads and uphold safety standards. Several government agencies are assigned with the task of maintaining roads and taking proper measures to ensure they are safe for all types of vehicles and pedestrians. They are responsible for putting up proper signage, pavement markings, lighting, signals, and other traffic control devices.

Road Conditions Contributing to Auto Accidents

Here are a few hazardous road conditions that may result in a vehicle crash:

  • Missing, confusing, or damaged road signs
  • Poor landscaping causing vision obstruction
  • Use of inappropriate road materials
  • Broken guardrails
  • Roads not plowed in winter weather
  • Lack of nighttime lighting or measures for reducing glare
  • Lack of appropriate road markings
  • Poorly banked roads with blind curves
  • Potholes and cracks
  • Absence of rumble stripes on freeways
  • Faded paint markings
  • Construction materials and utility poles placed in a way that block driver’s vision
  • Low bridges
  • Steep shoulders (drop-offs)
  • Windy roads with no lines

If an accident happens due to any of the above road conditions, you may hold the concerned government agency liable for the damages.

Filing a Claim against a Public Entity

According to the guidelines by the American Bar Association for personal injury, the injured party has to prove the following five elements in order to file a claim against a public entity:

  1. The hazardous road or surrounding condition caused the accident.
  2. The public entity owns or controls the road where the accident took place.
  3. The accident happened in a manner that the public entity could anticipate would result from the hazardous conditions.
  4. The road was in a improper condition when the accident happened
  5. The accident was a result of the public entity’s failure to promptly take remedial actions after learning about the dangerous condition.

Statute of Limitations

Unlike a personal injury claim against an individual or a private company, the statute of limitation for filing a claim against the government is six months or less. If you don’t file the claim within this period, you may lose the opportunity to recover the damages due to hazardous road conditions.

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The process of filing a claim against a public entity can be complicated and lengthy. It is recommended that you hire an experienced auto accident attorney to handle your case and get the rightful compensation for the damages you sustained. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Dealing with Construction Zone Auto Accidents

Orange cones aligned in a particular order, several warning signs spread across the area, and workers in bright vests is the typical scene of a construction zone. All these precautionary measures are for alerting the incoming traffic about the construction work taking place up ahead in order to reduce confusion and the probability of accidents. However, even with so many preemptive strategies, many car accidents still happen in road construction zones. This may be because of the reduced number of lanes, presence of workers and machinery on the road, changes in speed and traffic flow, and traffic jams, which can create a risky situation for both drivers and workers.

Statistical Data on Construction Zone Accidents

Construction zones create additional road hazards that often lead to a greater frequency of collisions and accidents. Each year, thousands of vehicles accidents and crashes take place due to construction zones. According to the U.S. Department of Transportation, in 2013, more than 67,000 crashes occurred in construction zones across the US. It has also been observed that the number of crashes increase when larger zones are under maintenance or being repaired. Moreover, bad weather conditions increase these crash statistics tenfold.

The Causes of Construction Zone Accidents

Whenever a road is in a poor condition, it requires fixing in order to mitigate higher risks of large scale calamities. Regular maintenance and construction work keeps the roads safe for traffic, but over the years, such construction zones have proven to be as dangerous as a bad road. There are several reasons why accidents occur in construction zones, including:

  • Debris of the construction materials poses a great threat as they litter the roadway and make road conditions risky for both workers and drivers.
  • Sometimes, there is a warning sign or cones missing due to which drivers don’t know how to safely navigate through the construction zone.
  • Poor lighting during the nighttime and misplaced barrels can make driving through the worker zone difficult.
  • Equipment and machinery are also hazards that can potentially become the cause of accidents.
  • During construction, the number of lanes is decreased, which leads to slower traffic. Some drivers fail to notice this and don’t properly adapt to the change, which results in accidents.
  • Speeding, distracted driving, impaired driving, and failing to observe warning signs are some other reasons for construction zone accidents.

What to do if you were in a Construction Zone Accident?

You may have taken all the necessary precautions to drive through the construction zone safely, and may still have met an accident. So what can you do in such a situation? You may not be completely sure whether it was your or the other driver’s fault, or the accident happened because of the unsafe conditions of the construction zone. In such a case, you should consult an experienced and reliable personal injury attorney, as you may have a case and a chance to get compensated for your pain and suffering.

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For evaluating your case and the possibilities for your personal injury claim, contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation with our firm.

Sue or Settle – Which Option is Better after an Auto Accident?

You were in an auto accident and were badly injured due to the mistake of the other driver. Luckily, you were taken to the hospital right away, and are now on your way to recovery. The doctor has prescribed several weeks of bed rest before you can get back to work. But, your mind is riddled with the worry of mounting hospital and therapy bills and costs of medications.

A terrifying scenario, isn’t it?

If you are faced with such a situation, you have two options at your disposal: either you file a lawsuit and sue the other driver, or settle the matter by negotiating a claim to receive compensation for your losses.

But how can you choose the better of the two options?

If you go with settling matters outside the court and let your insurance company handle the case, there are chances that you may not get enough money to cover even your medical expenses. In such a situation, your best bet will be to sue the other driver. However, taking the case to the court will require you to hire a reliable auto accident attorney, who will charge you for their services.

Nevertheless, here are some important things that you should ponder over to come down to a final decision.

Total Cost of Damages

First, you should evaluate and make an estimate of all the economic and non-economic damages that you have incurred. Economic damages include medical expenses, property damage, missed work wages, etc. Non-economic damages include emotional distress, trauma, pain and suffering, loss of family relations, etc. The goal of estimating the damages is to get an idea of what is the least amount you should receive from either of the two options.

Note that most of the times, non-economic damages are not paid through insurance claims.

Insurance Companies vs. Auto Accident Attorney

In general, the insurance companies are supposed to represent their policy holder’s interests. However, in reality, they try to settle things as early as possible to save money, and may not get you what you deserve. On the other hand, when you hire an attorney, they make sure that you get as much money as you can from the lawsuit. They cover the accident from all angles and shed light on the pain and trauma you have been through to make your case stronger. In the end, the compensation you get will, most probably, be much higher than the fees you pay the attorney.

Consider the Time Limitation

According to the statute of limitations, you have about one to two years for filing a lawsuit. If you think that the insurance company is taking too much time or the compensation will not be enough to cover for your losses, you should act fast and sue the other driver before the time runs out.

The Law Offices of Robert T. Edens, P.C.

Whether you go with negotiating a claim or filing a lawsuit, your decision should be based on which option provides with the maximum compensation. If you are looking for an experienced auto accident lawyer to represent your case, contact The Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online to schedule your initial legal consultation.

Dealing with Auto Accidents

Road travel is never hassle free and there is always the threat of being involved in an auto accident when you are out on the road. An accident can happen not only due to someone else’s negligence, but simply due to a particular mix of circumstances that are beyond your control. This means that if you have been involved in an auto accident, you should hire an experienced auto accident attorney. Lawyers that deal with auto accidents can truly help represent your best interests and get the compensation you deserve.

Advantages of Hiring an Injury Attorney

There are several advantages that are gained by involving an experienced law office to represent you in a case of an auto accident. Here are some other advantages that can be gained by hiring an auto accident lawyer.

Getting Fair Compensation

You often have to face stiff opposition from insurance professionals who are dedicated to reducing the amount of compensation that you get after an accident. A legal representative ensures that you will be able to get the fair compensation that you deserve in order to cover your physical, emotional and monetary loss due to the accident regardless of the cause.

Getting Rid of the Blame

It is a common practice to put the blame on a single person just to make the processing of accidents easier for insurance firms. You may be accused of all the blame in an auto accident when you feel like that there are other factors involved as well. You will need an excellent lawyer in order to ensure that you are represented truly in the trial and are able to fight against the blame put on you by using scientific facts and legal arguments.

Dealing with the Insurance Adjustor

An insurance company that has to cover the expenses of an accident has a dedicated team whose function is to save as much of the possible costs as they can. They will go to any lengths to ensure that the costs are reduced. They will claim that you did not necessarily require the medical treatments that you received for the injuries.

The Law Offices of Robert T. Edens, P.C.

All of these problems only amount to one solution, a seasoned auto accident lawyer. You can always be sure to get the best representation at the Law Offices of Robert T. Edens, P.C. for auto accident cases. We have a track record of winning fair compensation for our clients involved in auto accidents and we can do the same for you. You can contact our office at (847) 395-2200 in order to find the best legal help.

In Which Type of Vehicle am I Most Likely to be Injured in a Collision?

The road is home to a variety of vehicle types. Passenger cars, vans, sport utility vehicles, commercial trucks, motorcycles and in some cases, even bicycles are found on the same roadway, obeying the same traffic rules. Each type of vehicle has different capabilities and risks for its driver and inhabitants. Because of this, each type of vehicle has unique auto accident statistics.

So which type of vehicle is the safest to drive? Although many drivers and passengers claim they feel “most safe” in sport utility vehicles, SUVs actually have the highest passenger fatality rate in rollover crashes. A rollover crash is a collision that causes a vehicle to roll over, often causing the roof to crush in and kill or injure the vehicle’s occupants. Rollovers are the most deadly type of vehicle collision, accounting for one third of vehicle crash fatalities in 2010. The percentage of SUV occupants who died in rollovers was the highest of all vehicle types at 57 percent, according to Insurance Information Institute. This was followed by pickup trucks at 47 percent, vans at 30 percent, and passenger cars at 23 percent.

Know your Vehicle Type to Protect yourself from an Accident

A vehicle’s center of mass is what makes it more of less susceptible to a rollover. This is why SUVs are at such a high risk of rollover: their high suspension height paired with their tall road clearance puts them at an especially high risk of rolling over. Cars that ride lower to the ground are at a lower risk of rollover.

No matter what you drive, think about the risks involved with your vehicle type and drive with these risks in mind to reduce your chance of being involved in an accident and, if you are in an accident, to reduce your chance of being injured. If you drive an SUV, do not overload items on the roof. Another type of vehicle that is especially susceptible to injury-causing and fatal accidents is motorcycles. This is because they lack the protective chassis that other vehicles provide. If you ride a motorcycle, always wear a helmet and other protective gear, such as long sleeves, long pants, and shoes that fully cover your feet and ankles.

When sharing the road with other vehicle types, be mindful of their needs. For example, tractor trailers need more space to come to a complete stop than smaller vehicles need. Be sure to give these trucks the space they need to avoid a collision with one.

The Law Offices of Robert T. Edens, P.C.

Work with a Vernon Hills Auto Accident Lawyer

No matter what type of vehicle you drive, you could be involved in a collision and suffer an injury. If this happens to you, seek medical attention as soon as possible. Then, consider working with an experienced auto accident lawyer to file a personal injury claim for monetary compensation to cover your damages. To learn more about this process and get started on your claim, contact The Law Offices of Robert T. Edens, P.C. today to schedule your initial legal consultation with our firm.

 

 

The Commuter’s Concern: Injuries from the Trip to Work?

More and more Americans are joining the workforce each day, and most of them do not live within walking distance of their employer. Commuting has become so synonymous with the “rat race” that some jobs come with stipends to encourage employees to use environmentally friendly means of travel when going to and from the workplace. It is inevitable, then, for accidents to happen during the times that most Americans are traveling. Regardless of the type of transportation used by a commuter involved in an accident, they are still protected by Illinois’ personal injury laws. These laws were created to help injured parties recover damages from someone who causes them harm, and the law does not care whether the accident occurred at noon, or during rush hour.

Mass Transit

While the law does not distinguish between times of day in its coverage, it does take into account what type of transportation the injured person was using at the time of the injury. What is meant by that is that who the named responsible party (or parties) is depends on what kind of vehicle the person was injured by. For example, a commuter who is injured when a careless driver behind them hits them in a traffic jam will need to seek recovery from that person directly and/or his insurance company. However, a commuter who uses public transportation such as a bus or train would likely need to seek damages from multiple potential parties, including the municipality who regulates the transportation. In addition, given the larger potential class of injured individuals when there is an accident involving mass transit, an injured person should be prepared to spend more time in negotiations than an individual involved in a two car accident.

 

Damages

Under Illinois law, an injured party can recover the full amount of damages that he/she suffered after an accident so long as the fault lies entirely with the other party. The law allows for damage awards to be reduced by the percentage of fault shared by the injured party. This is called the “comparative fault rule” and can diminish an award by the percentage of fault, up to 50%. If the injured party is more than 50% at fault, however, a court will disallow any damages to be awarded as they are considered to be responsible for the accident. This is because the law was designed to protect innocent victims of accidents and providing them recourse to obtain needed monetary assistance to speed their recovery. So long as the injured party remains at or below 50% at fault for the accident, Illinois does not place a cap (or upper limit) on the damages that may be awarded to that person. What this means is that an injured person can be awarded a significant amount of money from the person(s) responsible for an accident in which they were injured. It is not uncommon, especially in cases involving mass transit, for an award to reach six or seven figures.

The Law Offices of Robert T. Edens, P.C.

Questions?

If you or a loved one has been injured in an automobile accident, or an accident involving public transportation, you do not have to face recovery alone. While you are busy trying to put the pieces of your life back together, the opposing side’s attorneys are working hard to limit their liability. Call Robert T. Edens, P.C today for a consultation with an experienced attorney, who will be on your side to ensure you receive the relief you are entitled to.

Insurance for the Future: An Illinois Auto Insurance Primer

Many people remember their first car. The smell of the interior, the feel of the road under its tires, and the freedom that it represented are all memories that many people have of their first experience with driving. Not many people remember what insurance coverage they had on their first car, and some could not even tell you what coverage they have on their current car. While some drivers have extensive insurance policies that offer coverage for any potential bump in the road, many drivers only have the minimum that is required by the state in which they are licensed. Those state minimums are designed to offer protection to drivers using a state’s roadways, and are not always sufficient to cover all the damage caused by a car accident. It is important for drivers to understand Illinois law as it relates to car insurance, and what their options are in the event they need to seek other pathways to recovery.

Mandatory Coverage

Illinois law requires all drivers to carry auto insurance on their vehicle. This is standard for all states as they want to ensure that all people, passengers included, are protected in the event of an accident. Illinois law mandates that every driver carry liability insurance in varying amounts to cover injury or death of a person in an accident and property damage from an accident. Drivers must carry an insurance policy that covers up to $25,000 for the death of one person, $50,000 for the death of more than one person, and $20,000 for the damage to property of another person.

Liability insurance is defined as “insurance protection that pays for claims or judgments brought against the insured.” What this means is that if a driver carrying only the minimum amount of insurance in Illinois in in a car accident for which they are at fault, their insurance coverage would only provide compensation to the person(s) that were hit. For example, if driver A carries liability coverage only and hits the car of driver B, causing damage to the driver B’s bumper, the insurance coverage would only pay for the damage done to driver B’s car even though both cars suffered damage. Insurance that would pay for both vehicles is known as collision coverage. Another common category of auto insurance is knows as comprehensive coverage, which provides insurance for damage done by something other than a collision (i.e. hail, fire, theft).

Recovering Damages

Car accidents range in severity from very minor, causing little to no damage to vehicles or persons, to very major, causing extensive injuries and total loss of property. Illinois is what is known as a “fault state” when it comes to automobile accidents. What this means is that the party at fault for the accident is responsible for paying for the resulting damage. In legal terms, this is known as comparative negligence. In states like Illinois that have a comparative negligence law in place, the liability for an accident will be shared by all parties who are at fault. The law allows an injured person to recover damages from the person who caused the accident (so long as they were not more than 50 percent at fault). In some cases, the person at fault for an accident does not carry sufficient insurance to cover all of the damage he/she caused. In these cases, it may be necessary to file a lawsuit to recover the amount needed that exceeds the insurance coverage amount.

The Law Offices of Robert T. Edens, P.C.

If you or a loved one has been injured in a car accident, call the Law Offices of Robert T. Edens, P.C today and speak to a knowledgeable attorney about your options for recovery. You should not have to be left holding the bill for an accident that you did not cause. Call today and we can offer guidance, or representation if necessary, to help you obtain the justice you deserve.