Auto Accidents: Distracted Driving – Using Cell Phone While Driving

Auto Accident AttorneyResearch notes of Traffic Safety Facts published by NHTSA revealed that 3,450 people lost their lives due to distracted driving in 2016 alone. Distracted driving refers to performing any activity that diverts the attention of the driver; it includes talking to passengers, eating or drinking, fiddling with the infotainment system or radio – any non-driving activity that takes their eyes off the road. An individual’s safety is always at risk unless they pay complete attention to the road while operating their vehicle.

Types of Distracted Driving

Distracted driving is categorized in three broad categories: manual, visual, and cognitive.

  • Manual distraction – Performing any activity by hand that causes a driver to occupy something other than the steering wheel
  • Visual distraction – Looking around the surroundings or inside the car, or any activity that causes a driver to take their eyes off the road.
  • Cognitive distraction – Taking the mind off thinking about something that may cause a driver to lose concentration of the road.

Using your cell phone while driving is a very dangerous habit that significantly reduces your awareness, as well as your ability to react to sudden stops or upcoming hazards.

Driving While Intoxicated

Using your cell phone while driving gets you involved in all three types of distractions:

  • Visual: Looking at the screen of your cell phone will cause you to lose visuals on the road, preventing you from watching potential dangers and hazards. Imagine driving on a road at 60 mph, a 5-second distraction due to texting means that you covered more distance than an entire football field without watching the road.
  • Manual: Using a cell phone keeps one hand of the driver occupied, which leaves them vulnerable in case of unexpected occurrences, such as a dog running onto the road to a reckless driver suddenly pulling over in front of the vehicle.
  • Cognitive: Concentrating on the conversation on the cell phone or simple navigation also tends to distract the driver and diverts their attention from the road. For instance, if a driver receives a text or an E-mail about tomorrow’s meeting, it may cause a shift in their focus from the road to checking their phone, increasing the probability of an accident.

It is safe to conclude that when it comes to distracted driving, using a cell phone ticks all the boxes of distraction, which may lead to unfortunate consequences. If you have sustained injuries due to an auto accident caused due to distracted driving by someone else, procuring legal services of an experienced auto accident lawyer can be highly advantageous for your case.

A seasoned auto accident lawyer will ensure that your legal rights remain protected throughout the case, allowing you to pursue the claim without stress and difficulties. A competent auto accident lawyer will establish facts by gathering evidence to devise a solid case in your favor, allowing you to obtain the maximum amount of compensation for your pain and sufferings.

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 lawyer.

Factors That Could Affect Your Auto Accident Settlement

Auto Accident AttorneyIn the United States, auto accidents are one of the leading causes of death, accounting for 37,000 casualties each year, as per road crash statistics. These incidents may happen due to various reasons; some of them are caused due to unavoidable circumstances such as vehicle malfunction or harsh weather conditions while others take place due to negligence of drivers such as careless driving, distracted driving or DUI.

If you happen to be a victim of an auto accident due to the negligence of someone else, it can be highly advantageous for your case to procure services of an experienced auto accident lawyer. However, it is important to understand certain factors that could affect your settlement amount before you file a lawsuit against the negligent party.

Severity of Your Injuries

The sternness of the injuries that you sustained due to an auto accident can have a significant impact on the amount of your settlement. The court may look into the pain and sufferings that you had to endure and nature of your injury i.e. whether the impact is short-term, long-term, or – perish the thought – permanent.

People who suffer a long-term or permanent injury may require medical care and assistance to perform their regular routines. Moreover, the injuries may render them unable to work, so the court may also take the loss of income into consideration, thus they receive a higher amount of compensation.

Your Prior Medical History

Medical records serve as critical evidence in supporting your claim. The stronger your medical records, the higher your chances to obtain a favorable value for your settlement. However, if you do not have adequate medical records, the insurance company may argue that your injuries were not related to the accident.

It is equally important to seek medical treatment immediately after an accident as leaving them unattended may also provide grounds to the insurance company to reduce the amount of settlement asserting that your injuries are not as severe as you have stated.

The Causation of Accident

The raw facts, circumstances, and evidence pertaining to the case play a pivotal role while determining the settlement value. Some examples of strong evidence are an accident report, pictures of the scene of the incident, surveillance footage, and testimonies of witnesses, if any.

Having a skillful auto accident lawyer on your side can be beneficial as they can assist you in establishing facts and gathering evidence, enabling you to obtain the maximum amount of compensation for your pain and sufferings.

Similarly, if you were also negligent and played a role in the auto accident, the settlement amount will be reduced to a certain extent as per cooperative negligence doctrine. You may still be able to recover the damages to recoup your losses but expect a cut in your compensation as per percentage of your fault in the accident.

Your Version of Events

It is important that your statement to the insurance company is consistent with the statements that you provide to police officers, medical personnel, and the testimony you submit in the court. Any irregularities in the events can cast doubt on your argument and weaken its credibility. Thus, it is essential that you state the facts as per your best understanding.

Acquiring the services of a seasoned auto accident lawyer can be in your best interests as they may prepare you to provide a factual statement that will greatly help you to obtain the rightful compensation for the injuries that you sustained due to the accident.

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.

What Should I Do If Police Refuse to Write a Report Of My Auto Accident?

Auto Accident AttorneyA police report is a formal document created by police officers which entails information pertaining to accidents and is used for verification purposes. There are many instances where police officers may not write a police report for auto accidents. They may determine that the severity of an accident is not high enough or perhaps the incident did not cause any serious injury to either party, thus concluding that incident does not warrant a report.

In such a situation, police officers may refuse to write a report and simply ask both parties to exchange information with each other, even if they persist in a police report being made. However, an individual has a right to file a lawsuit even if the scene of an incident is not formally recorded by a police officer.

If you suffered an auto accident, then your first priority, after receiving medical treatment, is ensuring that a police officer issues an accident report. However, if they refuse to write a report, you may request them to make one for insurance purposes. If a police officer does not consider your request, you should follow these few steps:

  • Call 911 immediately to report the accident. This will help you to preserve a record of the date and time when the incident occurred.
  • Obtain names and contact details from people around the scene who witnessed the accident. Collect information from other involved drivers which may include their name, address, insurance information, and contact number.
  • Document information related to the responding police agency, including officers’ badge numbers and any piece of information or communication with police officers.
  • Capture pictures of involved vehicles, positions of cars, skid marks, and the surrounding area of the accident. This can prove to be invaluable evidence that can help you to substantiate your claim.
  • You must assume the responsibility of an investigator. Write down every detail you remember about the accident. Sometimes, small details such as an accurate time of incident and pictures of skid marks can have a big impact on your case.

You must understand that giving a verdict is the responsibility of a judge or a jury as police officers merely record information and details pertaining to the accident. Therefore, damages, fault, and compensation for your claim will be determined by the judge or jury. Thus, a police report may be helpful, but it is not a determinant factor in your case. Hence, if you follow the aforementioned instructions after your accident, then you should not be concerned if there is no police report of your incident.

If you have become a victim of an auto accident, it can be highly beneficial for your case to acquire the services of an experienced Lake County auto accident lawyer. Your attorney will ensure that your rights remain protected throughout the litigation process.

Furthermore, a skillful auto accident lawyer will find evidence, prepare witnesses, and establish facts to prove your claim, which will help you to hold the defendant liable for their actions. Following the instructions provided above after an accident will provide your auto accident lawyer grounds to construct a solid case in your favor, enabling you to obtain rightful compensation for damages you sustained due to the accident.

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 lawyer.

(Content updated 08/25/2022)

What Should I Bring in for a Consultation of My Auto Accident Case?

Auto Accident AttorneyStatistics available on Centers for Disease Control and Prevention website reveal that more than 2 million are injured and 32,000 people lose their lives each year from auto vehicle crashes. If you or your loved one suffered an accident and want to file a lawsuit, it can be highly advantageous for you to obtain services of an experienced and skillful auto accident lawyer. During your first consultation, it is important that you go in prepared, provide them with plenty of information regarding your case, and answer their questions with honesty. This will allow your attorney to understand your case and determine whether you should pursue your case or not. These are some necessary documents which can be valuable during your first visit to an attorney’s office:

Police Report – A police report will provide basic information pertaining to your case, the parties involved, and about insurance carriers that are involved in this case. If you do not have this document, give your attorney a police report number or any piece of document provided by the police. If you do not have anything, do not get anxious as you can still file a lawsuit.

Photographic Evidence – Photographic evidence, which may include a picture of involved vehicle, scene of incident, or skid marks, will help an attorney to obtain an understanding about the accident. If you were unable to take a photo at the scene of incident, take pictures of your car at home or tow yard and present them to your lawyer. You may also take photos of your injuries to help them determine the severity of your injuries. The more evidence you have, the better the chances will be to prove your injury.

Tow Truck and Tow Yard Information – If your vehicle was towed after the accident, it is imperative for your attorney to know details about the tow yard where it is taken. Not only will it help your case, but a competent auto accident lawyer may be able to ensure that vehicle is no longer accruing fees sitting at the tow yard.

Car insurance – Car insurance can be vital for your auto accident claim. If you do not have car insurance, then you may not be eligible to obtain compensation for your pain and suffering caused by the negligent party. Therefore, you must bring documents related to car insurance to your attorney’s office. These documents may also include car insurance declaration as it will help to determine coverage applicable for your case and help them learn all avenues to devise a strong claim.

Personal documents – Personal documents include your car registration, driver’s license, and medical records which may include your prior medical history and details of injury caused by the accident. These documents are essential to your case, therefore, must be presented to your attorney.

Providing these documents and information will enable a seasoned auto accident lawyer to pursue your claim by constructing a solid argument which, consequently, will help you to obtain maximum compensation for your loss and sufferings. This may include medical bills, lost wages, and proof of emotional suffering.

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 auto accident attorney.

Auto Accidents While Using Uber Rides

Auto Accident AttorneyRide-sharing service by Uber has revolutionized transportation in the past few years. Uber drivers pick up a customer from their pinned location and drop them to their desired destination just by a click on their smartphone. Low-cost and convenience of using mobile app to book a ride makes it an enticing alternate to taxis and other ridesharing services. Statistics provided by Uber’s official newsroom show that 4 billion trips using Uber were completed worldwide in 2017.

Uber rides are generally safe, however, there is always a risk of an accident present when a person is traveling in a vehicle. Uber drivers are expected to maintain a certain standard of reasonable care while they are providing their services. If they exhibit negligence while driving and it leads to an accident, you are entitled to compensation for your damages. You may also sue the other driver involved in an accident if the collision happened due to their negligence. Therefore, it can be advantageous to understand what course of action you should take in case you become a victim of an auto accident while traveling in an Uber ride.

Steps to Take After Auto Accident in an Uber

Firstly, it is imperative to seek immediate medical assistance after an accident. You should also call the police after a crash as they will create an official report which may include important details pertaining to the accident. You may also ask the officer about any procedure to obtain a copy of the police report. Like any other car accident, it is crucial to obtain full names, contact details, and addresses of both drivers and any witnesses nearby. Also, make sure to note their license plate and car registration numbers.

In many states, Uber maintains an automobile liability insurance on behalf of their drivers. Therefore, if your ride is in progress at the time when the accident occurred, you may be entitled to an additional liability coverage. If possible, you should capture close-up photos of the incident scene such as the vehicle, injuries, skid marks, and traffic indicators, as it may help your lawyer prove negligence and establish liability.

After completing these steps, it can be extremely beneficial for your case to seek legal counsel from an experienced auto accident lawyer to pursue a rightful compensation for your pain and suffering. Among a multitude of benefits, your attorney will help you in settlement negotiations and protect your rights. A seasoned auto accident lawyer will build a compelling case against parties at fault by collecting evidence, preparing a witness, and articulating facts pertaining to your case, which may allow you to secure maximum value against your claim.

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 lawyer.

How to Establish Liability In School Bus Accidents

School Bus Accident AttorneyThe National Highway Traffic Safety Administration has devised comprehensive regulations pertaining to school bus safety to ensure a safe and secure journey for children attending school. NHTSA believes that students are 70 times safer when traveling in a school bus rather than a car. Their safe design coupled with stop-arm laws in every state makes school buses an extremely reliable option to commute. However, there are other vehicles and pedestrians on the road who may become a victim of an accident if a school bus driver is negligent or careless while driving. In this case, a victim is entitled to legally pursue a rightful compensation for their loss and sufferings.

How to Establish Liability in a School Bus Accident?

If you become a victim of a school bus accident, there are certain steps that you must take. Firstly, you should seek medical assistance by calling emergency responders. After receiving adequate treatment, you may assess the situation and determine which party was at fault. In some instances, bus drivers break a traffic law or drive recklessly while in other cases, a `driver of another vehicle or pedestrian are negligent and their inattention may lead to an accident.

In an event where a bus driver is at fault, you must assess whether the bus driver works for the school or is an independent employee of a contracted company. If a bus driver works for a school, then there is a possibility that school district may also be held vicariously liable for the accident. Hence, you may be able to file a claim against the school bus driver as well as the school district. However, if a bus driver is working as an employee for an independent company, then you would be able to sue the bus driver for negligence and hold contracted company vicariously liable for the accident.

Negligence can be demonstrated by showing that the driver has a duty to act as a reasonable person and obligation to follow traffic laws. Moreover, a school bus driver may at all times assume a higher level of duty of care to keep children on board safe and protected throughout the journey. It can be highly beneficial for your case to hire an experienced auto accident lawyer to seek rightful compensation. Your attorney will protect your rights and help you to establish grounds for negligence. Furthermore, a skillful auto accident lawyer may also be able to determine which party is at fault and establish a solid case against multiple parties if another driver or pedestrian was also responsible for the accident.

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 lawyer.

Auto Collision with a Police Car

Auto Accident AttorneyIn many instances, police officers can face distractions while driving a car that may lead to an accident. A police car is equipped with many devices such as GPS, laptops and scanners. Moreover, they are required to constantly communicate and remain active with police dispatch. Therefore, it is possible that these activities and responsibilities could cause a distraction, leading to an accident.

Furthermore, high speed car chases exponentially increase the likelihood of a collision for a police car. An analysis by USA Today shows that more than 5,000 car passengers and bystanders have become a victim of an accident that was caused due to police car chases since 1979. Also, tens of thousands of people suffered injuries when officers pursued suspects and criminals in a high speed chase.

Can You Hold Police Drivers Liable for an Auto Accident?

In an event where a car accident happened due to negligence or carelessness of a police officer, they can be held liable for damages caused like any other citizen. Despite the fact that they are a federal employee, they are obliged to follow the same rules of the road that are expected to be followed by a civilian driver. Especially in a high speed car chase, police officers should consider public safety as their top priority.

It is recommended that if a person becomes injured in a collision with a police car, they should immediately seek legal counsel after assessing their injuries and obtaining adequate treatment as timing can be extremely crucial for their case. Moreover, police should also be called at the scene of incident so that a formal report filing process can be performed. Photographs of evidence surrounding the accident site should be captured to be presented in court.

That being said, determining fault and establishing liability can be extremely difficult and tricky in most cases. Police officers generally have strong legal representation and personal connections with government officials. Moreover, they may also have a resolute support from law enforcement agencies. Consequently, it can be overwhelming for an individual to fight against the system and institute a liability against a police officer.

Therefore, if you become a victim of a police car accident, it can be highly beneficial for your case to hire an experienced auto accident lawyer to seek justice and rightful compensation for your injuries and suffering. A competent attorney will have comprehensive knowledge of laws and regulations pertaining to your jurisdiction, which will allow them to devise a strong and compelling case in your favor.

Moreover, a seasoned auto accident lawyer will be able to extract information, compile evidence, and prepare witnesses, which is crucial to establish a liability to seek rightful compensation for damages. Lastly, they will ensure that your legal rights and best interests are protected during the trial.

Personal Injury AttorneyIf 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 lawyer.

Auto Accidents: Multiple Car Pile Up

Auto Accident AttorneyLast month, an accident happened near Illinois Route 143 exit, resulting in multiple car pileups. The Illinois State Police Department stated that three people sustained multiple serious injuries in this tragic event. Unfortunately, this is not a first serious car accident in this state. Illinois Department of Transportation statistics show that 541 crashes have taken place in Illinois since the start of 2018, which is an alarming figure.

Causes of Multi-Car Pile-Up

National Highway Traffic Safety Administration (NHTSA) estimates that multi-car pileups contribute to around 40% of the total car accidents. There can be several reasons which can result in multiple collisions; however, most common causes include poor visibility due to bad weather condition and negligent driving such as driving recklessly, aggressively or under the influence of alcohol or drugs. A driver who is not paying attention to the road is at a greater risk of being involved in multi-car pile-ups, particularly when there is a high density of traffic on road.

Who can be held liable?

It can be difficult to assign responsibility in a multi-car collision than a single-vehicle accident as multiple parties are involved in multi-car collision. There is a possibility that initial crash may clearly have been caused by one person, but collisions following this crash may have resulted due to other driver’s negligence.

In some cases, vehicle manufacturers may also share a liability if a faulty part of the car contributed to the accident. Moreover, government agencies can also be held accountable if collisions resulted due to poor maintenance of the road. It is very common for multiple parties to be held liable for multiple car pile-up accidents.

How can an auto accident lawyer help?

Multiple car pile-ups can result in severe consequences as it can be an extremely painful experience for a person who sustained injuries as well as their family. If you become a victim of a multi-vehicle collision, it can be highly beneficial for you to consult an experienced auto accident lawyer. A professional and skillful attorney will help you to establish liability against the party at fault. He may collect evidence by conducting a thorough investigation such as interviewing witnesses, calculating points of impact, and reconstructing the scene of the incident. Moreover, an auto accident lawyer will ensure that you obtain maximum amount of compensation for your pain and suffering caused by the accident.

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 lawyer.

Driverless Car Accidents: How Do You Sue?

Auto Accident AttorneyDriverless cars are not limited to sci-fi movies anymore. Autonomous technology is an emerging market in real life as 19 companies are competing to put driverless car on the road by 2020, including the likes of tech giants such as Google and Tesla among many global car manufacturing companies. In light of huge investments and successful trials of self-operating cars in recent times, it is imminent that these cars will be on roads of Illinois in near future. A driverless car may be considered a safe option for driving and could potentially eliminate many causes of auto accidents pertaining to human drivers such as DUI, distracted driving, reckless driving, to name a few.

However, driverless cars are still prone to accidents, which is evident from the incident in Arizona where a self-driving Uber killed a woman in a fatal crash. This accident raises some extremely important questions such as: if you are involved in a car accident with a driverless car, which party can be held liable and how can you establish a liability in order to obtain compensation for your injuries?

Which Party Can be Held Liable?

In an autonomous car, there is no human behind the steering wheel. However, that does not mean that you cannot sue anyone for your damages. As a matter of fact, auto accidents resulted due to self-driving cars contain a bottomless list of defendants.

Firstly, the manufacturer who designed the software being used in the vehicle accident comes under investigation. The software is analyzed to find out defects, design errors, and programming efficiency. Moreover, it is assessed whether the company knowingly implemented autonomous technology despite the chances of errors. Secondly, if an accident is caused due to a defective piece of equipment, then the company who manufactured that equipment can also be added to the list of defendants. If a court is unable to determine which company was negligent, then both of the companies may be held liable for any damages caused by a driverless car. Finally, a car owner can also be held liable provided that they did not update the software or properly maintain their vehicle, which ultimately led to the accident.

How can an Auto Accident Lawyer Help You Establish Liability?

Autonomous vehicles are equipped with a range of sensors and cameras, which track, record, monitor, and measure surroundings. Information stored in the system by these sensors can be used in order to establish a liability. However, an average citizen may not be able to extract that information. Therefore, if you are involved in an unfortunate car accident caused due to a driverless car, it can be beneficial to acquire services of a professional auto accident lawyer. A competent and experienced attorney can assist in retrieving sensor data, which can be used to reconstruct the scene of the incident. This will strengthen your case and help you obtain maximum compensation for damages caused due to the accident.

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 lawyer.

Collecting Evidence after an Auto Accident

Auto Accident AttorneyDue to vast number of vehicles on road and reckless drivers, mainstream media and even the internet is constantly brimming with news regarding auto accidents. According to a study, almost every American gets involved in some form of auto accident at least twice during his or her lifetime. Despite the widespread occurrence of auto accidents, there is a severe lack of awareness and education regarding how to deal with such incidents. According to experienced local auto accident lawyers, a lot of evidence is lost due to lack of awareness and this makes it almost impossible for victims to get the rightful compensation.

What Evidence Is required to Establish Liability in an Auto Accident Case?
Under the law, any person who sustained damage to their property or body can seek damages and compensation from the person or entity responsible for accident. But in order to do so, the person must be able to establish his claim and prove the defendant’s liability. For this purpose of substantiating the claim, you need irrefutable evidence. Now, in the case of a car accident any camera footage can be quite useful. Furthermore, the medical records are extremely important documents during the court of a personal injury lawsuit.

Moreover, the registration number of the cars involved and identities of the drivers can be extremely crucial in the formation of your lawsuit. It is often advised by auto accident lawyers to take photographs in the aftermath of the accident. These photographs can help your lawyer establish liability on the negligent driver and get you rightful compensation in a streamlined manner. So, it is imperative that you collect and keep all relevant evidence safe in order to strengthen your case.

How can an Auto Accident Lawyer Help You Collect Evidence?
It can be quite cumbersome for an average citizen to collect evidence therefore most people acquire the services of experienced and reputable auto accident lawyers. Using their clout and connections, a good lawyer can procure CCTV footages and hospital records to build your case more comprehensively. Working as a team with your lawyer, you can ensure a positive result for your auto accident lawsuit and get compensated as soon as possible.

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 lawyer.