Category: Auto Accident Attorney

The Illinois Vehicle Code protects individuals who are injured because of a driver’s negligence. Whether you were injured after getting struck by a speeding car or getting into a fender-bender when a driver rammed into your vehicle while texting, you have grounds for a negligence auto accident claim.

Proving Negligence Post Accident

Of course, you cannot prove the other driver was negligent without evidence and the help of an experienced attorney. A skilled attorney can use the following methods to ensure your best interests are not violated during the case:

By Proving the Driver Committed a Crime – It may sound ironic, but a conviction does not mean the other driver knowingly committed a crime. You will have to prove the defendant broke the law unreasonably, which lead to your injuries.

By Proving the Driver Acted Unreasonably – If you can prove the driver would have acted differently in another similar incident, you may be able to prove he/she acted in an uncustomary way during the accident. In other words, you can prove the accident was their fault because the other driver willingly acted unreasonably.

By Using Testimonies from Eyewitnesses – If someone witnessed the accident at the scene, you can use their testimony to strengthen your claim. It will give the jury and the judge a clear idea of what happened from the perspective of a neutral third party. Your attorney can also use the witness’ perspective to prove how the driver’s behavior was unreasonable.

By Using Expert Testimony – The best way to prove the other driver was negligent and displayed unreasonable behavior is through an expert’s testimony. This individual is qualified to determine what constitutes unreasonable and reasonable behavior standards and how the defendant’s actions differed from the latter.

Modified Comparative Negligence

An auto accident negligence case can backfire if the accident was partially the plaintiff’s fault, which is called modified comparative negligence and it holds that the plaintiff cannot get compensation if their degree of fault is more than 50 percent. If they do receive compensation, it will be reduced according to the degree of fault they hold for the accident.

You can file a lawsuit against the driver who caused your accident whether they were texting, shaving, talking on the phone, or just not paying attention while they were driving. However, proving these actions caused your accident can be a challenge if you don’t know what to look for in terms of evidence.

This is where an experienced auto accident attorney from the Law Offices of Robert T. Edens can help. Besides reviewing your case, they will thoroughly go through your medical records, police reports and medical bills before determining the amount you deserve to be compensated for. This includes a detailed analysis of your injuries, the medical tests you had performed and how your injuries prevent you from making a living or cause you emotional distress. We represent clients in Chicago, Waukegan, Libertyville, Woodstock and Antioch, IL, so get in touch with us for a consultation today.

If you have lived in Illinois for a while, you know how bad the traffic can get – not just on the holidays or on snow days. Aggressive drivers are the norm in Chicago and so are accidents. However, the state also has strict licensing laws, which prevent potentially irresponsible drivers from getting behind the wheel.

This includes teenagers who might want to drive, but are likely to forget safety rules or underestimate hazardous situations. Fortunately, the licensing phases they must go through come with strict regulations, which can curb their excitement and make them responsible drivers. Here are the licensing phases your teenager will have to go through to get a valid driving license.

The Permit Phase

This 9-month long phase is for drivers who are 15. Their driving permit can be revoked if they violate these rules:

• They must practice driving for at least 50 hours under the supervision of a parent or any adult who is older than 21 and has a driver’s license
• They cannot text while driving or be charged with a DUI during the phase
• They always must wear safety belts when they are driving – and this includes their passengers.
• The number of passengers should not exceed one in the front seat.
• They cannot use a cell phone while driving, except to make emergency calls.

Initial Licensing Phase

After completing the permit phase, drivers who are 16- to 17-years-old must pass the Initial Licensing Phase. This includes the same rules and regulations with a few changes such as:

• They must maintain a pristine driving record for six (6) months before they turn 18. If they get a conviction during this phase, that restriction may get an extension.
• For the first 12 months of this licensing phase or until the driver turns 18, the number of passengers they can have in their vehicles is limited to a single person who is younger than 20. The only exceptions include a sibling, a stepchild, or the child of the driver. Once this period has ended, the driver can have more than one passenger up front.

There are certain exemptions to these rules, which cover special circumstances.

Whether you have a valid driver’s license or not, if you have been hit by a vehicle – you have every right to bring the accused to justice and get the compensation you deserve. Get dedicated auto accident attorneys from the Law Offices of Robert T. Eden in your corner to strengthen your case. We offer legal services in Chicago, Waukegan, Libertyville, Woodstock and Antioch, Illinois.

Whether you take the bus to work or to school, according to state law, all common carriers must maintain the highest degree of care during transportation. All bus drivers must have a driver’s license, which is specifically for the operation of commercial vehicles.

Also, drivers who drive school buses have to fulfill the following requirements to be deemed eligible:

• They must be at least 21 years of age
• They need to complete their training via a certificate course for bus drivers
• They must pass a medical exam, which will determine if they have any health concerns that can compromise their ability to drive safely
• Pass a criminal background check

Compensation for a Bus Accident Case

A collision with a bus may leave you with life threatening injuries. Broken bones may be the least of your concerns – especially if the accident leaves you paralyzed. If that happens, you will lose your source of income as you remain bedridden for months and money you have saved will quickly deplete as your medical bills pile up.

If your injuries are serious enough to result in this scenario, you can file a lawsuit against the bus’s insurance carrier and ask for compensation. Besides your injuries, the insurance company will also have to pay for emotional trauma and physical pain you have suffered. If the driver’s negligence caused the accident, you can also file for punitive damages.

Gross negligence is often the main cause of bus accidents in Illinois. For more than two decades, Robert T. Edens has been fighting for accident victims and helping them recover millions in damages from negligent carriers. After contacting Bob, he will:

• Ensure no stone is left unturned during the investigation
• Not ask for payment until you receive compensation you deserve
• Provide an unbiased evaluation of your case
• Outline legal options for your case
• Provide a FREE initial consultation to get to know you and the situation of your case

This also includes a clear and honest fee structure based on legal requirements and documentation surrounding your case. Do the smart thing and get aggressive legal representation that will ensure you get the amount you deserve. We currently serve victims in Chicago, Libertyville, Woodstock, Waukegan and Antioch, IL.

Auto accidents can lead to death and both temporary and permanent disabilities. Damage to nerves and the spinal cord, or long term trauma and depression might hinder an individual’s ability to join the workplace for some time. Although an auto insurance company might take care of the damages to your car, medical expenses might need special attention and support to cover treatments. Apart from medical insurance, another possibility is to seek Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

An expert personal injury attorney can be consulted, to not just help navigate the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) processes, but also claim medical compensation and damages due to an auto accident from the defendant. The following are some details on how to seek SSDI and SSI in Illinois.

Disability Determination Services

The determination services are the first step for citizens of Illinois in seeking SSDI and SSI.

• Social Security Disability Insurance can pay benefits to an individual and a family member if all social security taxes to date have been paid before an application was filed. The Social Security Administration (SSA) closely monitors all medical conditions and approves applications based on authentic medical records.
• To receive a supplementary security income, an individual should be either aged 65 or older, be disabled, or blind. For adults, disability means the inability to do a gainful activity, a condition that may result in death, or a constant condition that has lasted for a period of at least 12 months. For children, a disability means functional limitations, a condition that can result in death, or a condition that has lasted for at least 12 months. Additionally, SSI of up to $3,000 is only available to those who have limited income, or limited resources to cover basic needs,

Filling for Benefits

Fillings can be done through a local Social Security Administration (SSA) Office. Car injuries such as back disorders, spinal cord injuries, soft tissue injuries, anxiety disorder and bone or neck fracture are acceptable. In case of ineligibility, a residual functional capacity (RFC) is determined by SSA to see if an individual finds it difficult to do even the simplest of tasks, due to a disability. Individuals can also use a disability planner to asses if they need assistance, or meet requirements for SSDI and SSI.

If you wish to find out more about social security disability benefits and unusual injuries in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

The most common injuries caused by car accidents are injuries to the hand and the wrist, which are often a result from the force of the impact. In some cases, hand and wrist injuries can prove to be very serious and can severely impact a person’s day-to-day life.

Some fractures heal and realign; therefore, they may not need a surgical incision. Severe hand fractures are treated with surgical procedures, wires, plates and pins to secure bones that are fractured in multiple places. Physical therapy may be used to ensure a full recovery from wrist and hand injuries.

Types of Wrist and Hand Injuries

There are several types of hand and wrist injuries, which include the following:

Joint Dislocation:

A human hand contains multiple joints that are prone to dislocation after a car accident. Joint dislocation needs proper treatment. Without treatment, permanent damage can have a lasting effect on a person’s quality of life. If you feel the defendant was responsible for your hand and wrist injuries, you are entitled to compensation. Speak to a competent personal injury and auto accident attorney to discuss your case.

Fractures:

A car accident often results in fractures and broken bones in the wrist and hand. The most common injury from a car accident is a broken wrist or a scaphoid fracture, where the small bone in the wrist breaks. If you are partly responsible, then you as the plaintiff might be liable for contributory fault.

Ligament Injuries:

Injuries to the ligaments and tendons can have a severe impact on moving your hand and wrist, such as grabbing and lifting objects. Ligaments can be seriously injured in an automobile accident.

Puncture Wounds:

Debris from the vehicle involved in an accident can pierce the skin on a person’s wrists and hand, resulting in severe damage. In order to prevent infection, proper treatment is essential with punctured wounds.

Hand and wrist injuries are painful, as well as expensive, due to expensive medical bills, physical therapy charges and other procedures. If you are unable to work, you may also suffer loss of wages. In rare cases, a person’s ability to perform work may also be permanently impacted.

The signs and symptoms of hand and wrist injuries are often spontaneous and may include swelling, bruising and pain. Injuries like hand and wrist injuries are usually diagnosed with X-rays and treated the same way as orthopedic injuries – the bones are immobilized, set and given time to heal.

If you wish to find out more about auto accidents or hand and wrist injuries in Illinois, schedule a free consultation by contacting the offices of Robert Edens at (847) 395-2200 and speak with an experienced personal injury lawyer.

If you were injured in an auto accident as a passenger, it’s natural to be confused about your legal rights and obligations. After sustaining injuries in an auto accident as a passenger, to make a claim against the driver for damages, you might need to hire a skilled auto accident attorney to help with your case. An attorney will help you understand your rights as an injured passenger in an auto accident.

Determining Fault

Determining fault is the first step in claiming damages for any minor or serious injuries you suffered in an auto accident. Most people believe Illinois is a no-fault state, which is incorrect. Illinois follows comparative negligence, or a tort system.

Determining “fault” in an auto accident indicates the individual who is to be held responsible for the car crash is financially liable to compensate you for the injuries you’ve sustained. Compensation includes compensation for lost wages, emotional pain and trauma, medical expenses and property damage.

Comparative Negligence

To be compensated for your injuries as a passenger, you will need to prove the negligence of the driver with assistance from an accomplished auto accident attorney. To receive compensation, you will have to prove the driver of the vehicle was:

1. Distracted while driving i.e. texting, eating or attending a phone call
2. Speeding or aggressive driving
3. Tailgating
4. Driving under the influence
5. Road rage

To prove negligence, your attorney will need to prove any single – or some, of the aforementioned driver’s behavior. If you are a passenger, you should be aware Illinois has a comparative negligence law where each party bases the compensation on the percentage of fault. For example, if you were a passenger and the other vehicle that hit you is found to be 50% responsible, then the other party is only eligible to pay 50% of the compensation. Similarly, if the driver of the vehicle you were in is held 80% responsible for the auto accident, then the driver is required to compensate 80% of your expenses.

If you wish to find out more about personal injuries as a passenger in an auto accident, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.