Can Car Manufacturers Be Held Responsible for Auto Accidents?

Auto Accident AttorneyEvery year hundreds and thousands of car accidents take place across the country due to a wide range of reasons. According to statistics, over 8 million drivers are involved in some form of automobile accidents every year. While most accidents are caused due to negligence of one of the drivers involved, especially in hit and run accidents –there are many instances where certain manufacturing defects were found to be responsible for causing an accident. In such a situation, one can file a lawsuit against the company which manufactured that particular vehicle.

According to local auto accident lawyers, in many cases the drivers do not properly maintain their vehicles and blame it on the manufacturer to avoid being held liable for their negligence and reckless driving.

How Can Car Manufacturers Be Held Liable For Auto Accidents?

If you believe that the car accident you were involved in was caused due to the negligence of the car manufacturer, rather than any of the drivers involved then there are some aspects you need to consider. First of all, you need to ascertain whether it was a design defect which caused the accident or a manufacturing defect. The differentiation between the two is important due to their widespread implications.

Primarily, design defects is the term used to refer to inherent flaws in the basic structure of the car, meaning all other cars of the similar model and make would be prone to similar accidents. Whereas, manufacturing defect refers to a defect made in that particular vehicle only, during the production process.

Once, the type of defect is ascertained, your lawyer would establish liability on the company by proving how their negligence caused you pain and suffering. As compared to individual drivers, the car manufacturing company would have a greater insurance coverage, which means that you could potentially get a more sizeable amount in damages. But being a large organization, these companies would have the most expensive lawyers to defend them. Therefore, it is imperative that you acquire the services of the most astute and experienced auto accident lawyer to win your claim or land yourself a reasonable settlement.

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 injury lawyer.

Do You Know What to Do After an Auto Accident?

Auto Accident AttorneyAuto accidents are certainly the leading cause behind most injuries and fatalities in the United States. With a plethora of vehicles on the road with inexperienced and careless drivers, auto accidents are becoming a normality. According to a survey, more than 2 million Americans sustained injuries due to auto accidents in just one year. The number of people who lose their lives in such accidents is also astoundingly high with over 36,000 deaths every year. In most cases, auto accidents are caused by the negligence of one of the drivers involved. Whereas, in some cases, auto accidents are caused by faulty equipment used by the car manufacturer.

According to experienced auto accident lawyers, quite a significant number of people due to their lack of awareness don’t exercise their legal rights by filing a claim for the injuries and losses they suffered. If you file a claim as soon as possible and establish liability, you could get compensated for your medical expenses and the other damages you may have incurred due to the accident. But in order to establish liability, you would require the services of an experienced auto accident lawyer.

Who can be held liable in an auto accident?

Every accident is different from one another, therefore the liability of the auto accident has to be established according to the events that led to the accident. For instance, a faulty traffic light which leads to an accident places the liability on the local authorities responsible for maintaining traffic lights. Or, an accident caused by the failure of a vehicle’s braking mechanism can be used to establish liability on the car manufacturer. In short, any person or entity whose actions or negligence directly caused the accidents which resulted in injury or death can be held liable. Once the liability is established, the court will calculate the rightful and reasonable compensation for your physical, monetary and emotional loss.

In cases, where a person loses his or her life, their next of kin can file a wrongful death claim and get compensated for the death of their loved one. Although money can never be an adequate compensation for the life of a dear family member, it can help the families overcome the financial loss.

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 Deal with Auto Accidents

Auto Accident AttorneyAuto accidents are such a common occurrence in the US that almost every second person is involved in one before they turn 30. Auto accidents involve a wide array of situations which result in different levels of severity. From minor scratches on the side mirror to complete destruction of multiple vehicles, different auto accidents have different consequences. In most cases, people who are responsible for the auto accident stop and take responsibility for their mistake. In such cases, there is no need to file a claim as other party admits its liability voluntarily and offers to cover the damages.

But in many cases, people who are responsible for the accident refuse to be held liable. In some cases drivers escape from the accident sites, hoping that they can avoid the consequences of their negligence. According to auto accident lawyers, such incidents are known as hit and run accidents. Although in these cases, it is often difficult to track down the fleeing driver, it’s relatively easier to establish liability as their flight is deemed as an indication of their guilt.

How to deal with a hit and run accident

It could be quite frustrating to be involved in an accident where you are hit by another vehicle and sustain damage/injuries while the other driver does not even bother to stop and check up on you. Nevertheless, the law provides you the opportunity to be compensated for your damages and injuries. But in order to be able to bring the culprit to justice, you must note down their license number or at least memorize the model, make and color of the vehicle. Any information that you collect regarding the car responsible for the hit and run accident can help the authorities track down the reckless driver.

Finding the driver is a major challenge in such cases, therefore it is imperative that you try to get as much information as you can. If the person involved in a hit and run accident is unable to identify the other vehicle, auto accident lawyers look for eye witnesses to track down the driver who ran away.

Personal Injury Attorney

If you were a victim of a hit & run auto accident and wish to schedule a free consultation contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

Types of Auto Accidents

Auto Accident AttorneyAccording to an estimate, the average American is involved in at least 3 auto accidents during his or her lifetime. According to a report by the National Security Council, the number of auto accidents was 6% higher in 2017. The report shows that the number of deaths caused by auto accidents topped a shocking number of 40,000. The last time the death toll reached this high was 11 years back in 2007. It is important to note that not every accident is equally destructive. Some accidents merely cause minor damage to your car while others can even result in fatal injuries.

Some types of auto accidents are listed below:

  • Multi-Vehicle Pile-Ups
  • Single Car Accidents
  • Head-on Collisions
  • Vehicle Rollovers
  • Sideswipe Collisions
  • Side-impact Collisions
  • Rear-end Collisions

Can the type of auto-accident affect your personal injury claim?

If you are involved in an auto accident caused by the negligence or fault of another person, you can file a personal injury claim to receive compensation. The type of accident does not have a significant bearing on your claim but you can use it to prove negligence. For instance, a head-on collision can be used to augment your argument that you were a victim of the defendant’s reckless and careless behavior.

Proving the negligence or recklessness of the defendant is an integral aspect of establishing liability. Once you or the auto accident lawyer representing you has established liability, you can receive compensation for the injuries and pain you may have suffered due to the defendant’s negligence.

What should you do if you are involved in any type of auto accident?

The first and foremost thing you must do is inform the authorities. Calling the relevant authorities would get you immediate medical attention and the gives the police the opportunity to collect evidence. Secondly, you must assess the damage you have suffered due to the accident, both physically and monetarily. Once you have recovered enough, you should file a personal injury claim as soon as possible. In some rare cases, the person at fault would voluntarily compensate you for the damage caused so that you won’t need to go to court. But in most instances, people do not admit fault which is why a vast majority of auto accident cases are decided in courts.

Personal Injury Attorney

If you or someone you know has been involved in an auto accident and you wish to discuss your case with an auto accident lawyer, contact The Law Offices of Robert T. Edens, P.C. today at 847-395-2200 to speak with an experienced attorney.

Common Myths of Auto Accident Injury Cases

Auto Accident AttorneyDid you know that nearly 1.3 million people die in car accidents each year? It goes without saying that people are usually unable to predict the outcome of an auto accident injury case. Thus, whether it is your or your relative’s past experience, one thing that is important to understand is that an auto accident lawyer takes on cases and are different from state to state. In addition, it is also surprising to know how different auto accident laws are when compared to other types of law in the country. Therefore, predicting outcomes of auto accident injury cases is impractical. Here, we have compiled a list of myths that are associated with this unique area of law:

Myth # 1: Auto injury laws are same across all states

This is not true. The reason is because insurance rates are different from state to state and are usually regulated by state run agencies. This is why you are required to buy liability insurance in some states, while other do not need it. Some states in the country have at-fault laws while other have no-fault laws. It all depends on where you are living. All these claims and factors play a crucial role in determining the outcome of an auto accident injury case including appeals, jury verdicts and offers.

Myth # 2: Collecting pain and suffering damages from being in pain

This myth was long associated with auto accident law as some states in the country require the accident victim to first pass before they plan to recover non-economic (pain and suffering) damages from the incident. Therefore, being in pain does not mean you are liable to collect damages or receive compensation beyond the ‘obvious’ economic damages including medical bills and lost wages. Some states have specific requirements and if you are looking to be eligible for non-economic damages, the victim should be suffering from any of the three types of injuries:

  1. Death

  2. Serious impairment of body function

  3. Permanent serious disfigurement

Myth # 3: Severe injuries lead to million dollar settlements

Many people believed that an auto accident lawyer can help them win million dollar settlements if they have severe injuries after the incident. However, this is not the case as there have been many instances where the case has been closed with zero compensation for people who had serious, life-altering injuries.

Personal Injury Attorney

We understand that there are many interpretation of auto law in the country and are available to ensure that you understand it before taking an action. You can contact us at (847) 395-2200 or drop an email at redens@rtelegal.com to learn more about auto accident injury cases.

Avoiding Mistakes After an Auto Accident Maximizes Your Insurance Claim

Auto Accident AttorneyAuto accidents in Illinois are often unexpected and costly. Although you can never truly prepare for the unexpected, you can avoid the common mistakes that people make after the accident. These mistakes are what causes people to lose money on their insurance claim and settle with a lower compensation for their time and monetary loss that occurred due to the car accident. Here are some common mistakes that you must avoid:

Not Calling Police

An accident may not appear to be dangerous and the other motorist may tell you that they have you covered for the loss. This should never deter you from calling the police and ensuring that the accident is properly recorded by the local sheriff’s department. The police often collect evidence on site after an accident. Your auto accident lawyer can then obtain this evidence to ensure that you can maximize your insurance claim and not get affected by insurance adjusters that often put the blame on you.

Not Obtaining Evidence

You can obtain some necessary evidence if you are in an auto accident. Taking pictures of the accident scene and the involved cars will allow you to equip yourself with the knowledge that you need to beat the insurance adjuster who will always come with a low number to pay you the minimum amount for the accident. You can take pictures using your phone and save the contact numbers of witnesses. This will ensure that you have the right tools for maximizing your insurance claim.

No Medical Checkup

If you have suffered even a minor injury due to the accident, it is important to get medical help and ensure that your injuries are on the record. It is common to suffer cuts and bruises in auto accidents that can stop you from working in a normal manner. Remember, insurance companies do not believe your word for sustaining injuries. They will only pay the required compensation if you can show proof that you received treatment for your injuries.

Not Asking for Insurance Information

You should obtain the insurance information of the other driver involved in the accident. Check if the insurance is valid. If it has expired, never believe that they have a recent card at home, as chances are that they are driving without insurance. Recording these details will ensure that you do not have to pay for all the repairs and the medical bills, when they need to be paid by the insurance of the other driver.

No Legal Help

The biggest mistake that you can make is not hiring an auto accident lawyer. This can cause you to be intimidated by experienced insurance adjusters who are quick to find faults with you and your documentation to ensure that the company only pays you the minimum possible amount for your loss in an accident.

Personal Injury Attorney

You need to get an experienced auto accident lawyer in Illinois to avoid these mistakes that we have mentioned. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Driving in Winter Conditions is a Recipe for Auto Accidents

Auto Accident AttorneyDriving in winter conditions is dangerous and raises the risk of suffering injury in an auto accident. These risks are greatly elevated for people who are unprepared for the weather. You should hire an accident lawyer to obtain the best compensation from your insurance company, if you suffer an accident due to poor weather. Here, we describe common winter conditions that can cause auto accidents:

Poor Visibility

The presence of hail and snow certainly affect the visibility on the road. This means that your reaction time is reduced due to your limited vision, since it often becomes difficult to see beyond a few feet. The lack of visibility may produce auto accidents, where you find that it was impossible to avoid an accident. These are the circumstances where you should contact an accident lawyer in Illinois to help you get insurance benefits. This will ensure that you can pay for the damages and safely recover what you lost in an accident due to poor visibility.

Lack of Grip

Driving in winter conditions is tough because of the lack of grip on the road. You should avoid driving, when the road conditions are not favorable. One of the most common causes of accidents is braking hard in such conditions, as it simply produces spinning tires causing you to lose control over the vehicle. As a result, it is common to suffer rear-end accidents during the winter. You can improve the road grip by using special winter tires. Your auto accident lawyer can help you get the best insurance benefits by analyzing the details of the accident to prove why the accident was unavoidable.

Black Ice

Black ice is one of the dangers that you face when driving in winter conditions. It is a transparent, thin layer of ice which forms an invisible coating on the road, and completely eliminates the grip of your vehicle. You can get involved in an accident, once you try to brake, accelerate, or steer your vehicle due to the traffic conditions on the road. This is an important factor in accidents, because you need to raise the defense that you were not the negligent driver. Seeking advice from a skilled car accident lawyer in Illinois will ensure that you will not be wrongly blamed for an accident when driving in winter conditions. You can protect yourself by performing risk reduction.

Reducing Risks

You can avoid the risks of driving in winter conditions by taking as many safety steps as possible. This starts by avoiding snowy driving conditions altogether and not driving if possible. However, there are times when you must head out. For these needs, you must get winter tires for producing the maximum grip in snow and hail.

Improving visibility is also important when driving in winter conditions. Clean all your windows and mirrors to get the maximum visibility. You should also ensure that your windshield wiper system is working efficiently.

Personal Injury Attorney

If you follow these precautions but still suffer an accident when driving in winter conditions, you should immediately seek the advice of an accident lawyer. The Law Offices of Robert T. Edens, P.C. have years of experience handling winter auto accident cases. Contact us at (847) 395-2200 or online today to schedule your initial consultation.

Things to Avoid when Engaged in Auto Accidents

Auto Accident AttorneyMost auto accidents happen in a flash and it is nearly impossible to avoid them. You have to go through a typical process after an accident to obtain compensation for the damages from the involved insurance companies. The process is complex and there are a few mistakes that you must avoid in order to present a strong insurance case. You can always get detailed information by seeking a reputed auto accident lawyer. Here, we describe the things you should avoid.

Accepting Final Payment

The most important thing to avoid is that you should never accept a document or check that mentions final settlement or payment. Once you accept such a payment, you lose your right to fight the claims in the court, where you can certainly receive greater benefits with the right legal representation. The ideal way is to consult with an accident lawyer and act on their advice, on when it is the right time to accept a payment or settlement on offer.

Estimation

Another thing to avoid in auto accidents is to avoid the initial estimation that you receive from the insurer. Remember, insurance companies will always attempt to have you accept their lowest estimate, where they do not have to pay out the maximum amount of insurance coverage. You may initially believe that the insurer is right with their estimate. However, there are often problems that are complex and require expensive procedures for repairing damage in an accident. Again, hiring an auto accident attorney in Illinois is the right way to ensure that you work out the best estimation.

Waivers

A waiver or release agreement provides you quick money which you can use to recover your loss in an auto accident. However, you can miss out on the true compensation that you deserve if you accept anything in haste. Hire a reputed auto accident lawyer in Illinois and ensure that you can fight to obtain the maximum benefits in your particular case. Hiring legal help will also ensure that you do not have to look at the fine print details of a settlement deal. Your auto accident lawyer will take care of all these details, and ensure that you only sign on a settlement, which provides the perfect monetary solution for your loss in an auto accident.

Not Following a Time Limit

Many people make the mistake of consulting with others, comparing various auto accident lawyers and performing their own research before filing for insurance or replying to another claim from a party involved in the accident. They ignore the fact that there is a timeline for procedural activities after an accident. This can seriously affect your claim and impact your efforts to defend yourself. Most insurance policies use a strict timeline for initiating the legal process. The ideal solution is to quickly hire an experienced car accident lawyer in Illinois. This will ensure that your claim is properly settled, and the required documentation occurs within the time limit.

Personal Injury Attorney

The Law Offices of Robert T. Edens, P.C. are present in different cities of Illinois. Contact us at (847) 395-2200 or online today to schedule your initial consultation

Defensive Driving: How it Reduces the Chances of Auto Accidents

Staying vigilant and alert of careless drivers, adapting to dangerous driving situations, and having knowledge of traffic-related dangers are some good reasons why taking defensive driving courses are essential for every driver. People who invest time in learning how to drive defensively are less likely to be involved in road accidents. It may not be possible for a driver to avoid every dangerous situation, but having the knowledge and skills to deal with them can avoid inconveniences associated with an accident, and can potentially save lives.

What is Defensive Driving?

It is a driver safety course that teaches safe driving techniques and provides tips for road safety to help prevent traffic accidents. Some important safety tips for defensive driving include:

  • Avoid driving when in an impaired condition, such as under influence of alcohol or drugs, or driving tired and exhausted.
  • Keeping a check on emotions to avoid road rage.
  • Thinking ahead of possible issues on the road and adjusting yourself to avoid a possible accident.
  • Avoiding distractions including eating or using mobile phone while driving.
  • Staying up-to-date with weather conditions before planning a long road trip.
  • Not expecting that other drivers won’t be distracted or follow traffic rules.
  • Always use the vehicle’s safety gear.
  • Safety driving instructions for emergency situations.

At its core, defensive driving aims to teach the driver to have more control over their vehicle, and allows them to realize how other drivers and road conditions can affect them.

Best Practices for Effective Defensive Driving

Always Check your Blind Spots

You should always check over your shoulder before changing lanes to ensure there is no other vehicle in your blind spot. Moreover, determine whether your vehicle is in other driver’s blind spot, as they may not check over their shoulder before shifting lanes.

Consider the Big Picture

It is important that you keep your eyes on the road and read the movements of the vehicle in front of you. In addition, you should utilize your peripheral vision to try and predict any possible dangerous movements. If you are driving behind a SUV, truck, or any other vehicle you can’t see past it, you should light a signal and shift lanes after making sure it is safe to do so. It is advisable to scan and keep in check several cars ahead of you to plan your movements. This will help you stay prepared if suddenly the vehicle ahead of the car in front of you begins to slow down or hits the brakes.

Avoid Tailgating at all Costs

Never follow too closely to the vehicle in front and discourage other drivers from doing so behind you. When driving, make sure that you keep safe distance in such a way that you can easily see the rare tires of the other car, or give a 2-second count distance. If the driver in front of you is driving well below the speed limit, be patient and wait until it is safe for you to signal, switch lanes, and comfortably pass them.

Personal Injury Attorney

In some situations, accidents are nearly impossible to avoid regardless how much you try because the other driver may be at fault. If you have been in an accident due to someone else’s carelessness, you should file a claim against them to recover damages. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Safe Driving Tips for Christmas and New Year’s Eve

The most awaited time of the year is just around the corner, and you must have some exciting things, may be road trips, planned to spend the holiday season. But did you know that Christmas and New Year’s season are among the most dangerous holidays of the year in the United States?

According to the American Automobile Association, nearly 95 million people commute long distances to visit family and friends during the end-of-year holiday. It has been found that about 250 Americans die and 27,900 get seriously injured during this period in auto accidents. One of the main reasons behind such a high number is that people tend to drink and drive during the holiday season, which increases the probability of getting into an accident tenfold.

Safety Tips for the Holiday Season

Take out a few minutes and make notes of how you can stay safe and avoid any potential dangers on the road.

  • Before you leave for your trip, take your car to a mechanic and get it serviced. Ask the mechanic to inspect the brakes, check tread level and tire pressure, and change oil and other fluids to ensure the car is in optimum condition. Since the weather and road conditions are poor during the holiday season, a well-maintained car is essential to stay safe on the road.
  • Avoid drinking and driving at all costs. If you are going to celebrate the holiday season, make sure that you plan ahead. Designate a driver who will drive you home, or ask your friend to arrange an Uber or a cab.
  • Apart from avoiding driving under alcoholic intoxication, you should be vigilant of other drunk drivers as well.
  • While warm clothes and presents are necessary to pack in your luggage, try to avoid packing too many things. If you do, it will overload the back of your car, and can become a cause of losing control when driving on slippery roads. Moreover, in case of an accident, loose items from your luggage can turn into dangerous projectiles, and become a cause of serious injury.
  • Avoid tailgating, speeding, or following the front car too closely. Keep a safe distance and be wary of the road conditions as they are most likely to be wet or covered with snow.
  • Keep an on eye out for safety warning signs, and be sure to strictly follow them.
  • While you may have kids in your car singing Christmas songs or fighting with each other and causing distraction, you should free yourself from any other type of distraction. This includes radio, cell phone, food, etc., and concentrate on the road.

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Attorney Robert T. Edens, P.C. wishes a happy and safe holiday season to you and your family. However, in case you are caught in an accident, you should contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online to schedule a consultation.