It can be difficult to remain calm immediately after a car accident, but that time is crucial when trying to determine who is at fault. Without the proper information, you or a loved one could risk losing deserved compensation because you are unable to prove that the majority of the fault lay with the other driver. The statute of limitations on personal injury cases is two years in Illinois, making it critical for you to get in touch with a car accident attorney as soon as possible after your accident. While every accident is unique, it is important to heed the following guidelines when determining fault: 

Common Forms of Car Accidents and Who Is At Fault

Illinois is an “at fault” state, which means that both drivers in a car accident can try to make an argument that the other driver was more at fault. The court may then use percentages to determine where fault resides, and the party who is most at fault may be required to pay damages to the other party. If you were involving in any of the following types of accidents, you and your attorney can use a variety of forms of evidence to demonstrate that the other driver was at fault:

• Turning Vehicle: If one driver was turning and the other was not, the former would typically be at fault, since it is their responsibility to make sure that it was safe to turn in the first place.  On the other hand, if the non-turning driver was speeding, ran a red light, or broke another traffic law, they could be found at fault.

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If you are injured in Illinois because of a hazard that was not immediately obvious, there is a good chance that you can recover compensation from the landowner who failed to fix the issue or warn you of any potential danger. However, merely suffering an injury is not enough to win a premises liability lawsuit. If you work with a seasoned personal injury lawyer, you will have a better chance of proving that the property owner was negligent — and a better chance of collecting your deserved compensation.

Premises Liability Act

Premises liability law in Illinois used to distinguish between invitees and licensees in determining what degree of care a property owner owes a visitor, but that is no longer the case. Licensees are anyone specifically invited to the property as guests, and invitees include everyone else: customers, audience members, etc. Illinois law dictates that property owners are equally responsible for both groups’ safety. According to the Premises Liability Act, property owners must reasonably care for the safety of their guests by keeping their property in good condition and communicating with guests about any dangerous conditions to be aware of. This law assumes that the visitors will not be able to immediately perceive any dangers on their own and is designed to help a victim if they could not reasonably avoid an injury caused by negligent care of the premises.

Proving Negligence

If you or a family member was injured by a broken railing, structural collapse, excessive ice buildup, or other undetectable hazards on someone’s property, there are three things that you and your attorney have to prove in court to hold the property owner accountable. First, the hazard that caused you harm could not have been easily detected. Second, the injury must be serious — it cannot be something that heals in a short time. Lastly, you must be able to argue that the property owner either had prior knowledge of the danger or that they created it themselves. To build your case, a thorough lawyer will gather evidence such as photographs, witnesses, maintenance records, and past complaints and lawsuits.

People of all ages walk as a form of exercise or to get to and from work or school. Although walking can be a fun and leisurely activity, it can also prove dangerous at times. In 2017, there were 5,977 pedestrians killed in traffic-related crashes in the United States, according to the National Highway Traffic Safety Administration (NHTSA). There are various conditions that can increase the chances of a pedestrian accident, such as inclement weather, reckless driving, and other factors. Regardless of the causes, any collision involving a person on foot and a vehicle can have serious consequences, especially for the pedestrian. These types of accidents can result in severe injuries and even death. 

Factors That Can Lead to a Pedestrian Accident

A collision between a car and a pedestrian can take place at a busy intersection, in a residential area, or on a rural road. Studies show that alcohol and controlled substances significantly alter a driver’s reaction time as well as their vision, so drinking and driving or drug use may cause a person to fail to notice a pedestrian who is crossing the street until it is too late. Distracting behaviors can also take a motorist’s eyes off the road, which increases the chances of colliding with a pedestrian. 

Below are some of the typical actions that can cause a pedestrian accident: 

As the weather warms up in Illinois, more and more people will begin walking to work, school, restaurants, or simply for fresh air and exercise. This is especially true in more urban areas, such as Chicago. Since many suburbanites take the train into the city and walk to their workplace from the station, it is important for both city residents and those living outside of the city to take precautions when walking downtown. Chicago does a good job of providing sidewalks and crosswalks for pedestrians to use, but there is still the potential of accidents with injuries if a pedestrian is struck by a vehicle. The streets are so busy that even those obeying the rules of the road could find themselves in a dangerous situation.

Watch Your Step

According to the National Highway Traffic Safety Administration (NHTSA), there were 6,283 pedestrian fatalities in 2018 alone. Whether or not the pedestrian is to blame, it is important for streetwalkers to remain vigilant since they lack the same protection as those behind the wheel. The following are a few safety tips for those walking city streets:

Just as it is dangerous for a person to drive while distracted or under the influence of drugs or alcohol, falling asleep at the wheel can lead to car accidents, serious injuries, and wrongful deaths. In fact, according to the National Highway Traffic Safety Administration (NHTSA), there were a reported 795 fatalities and 91,000 motor vehicle crashes linked to drowsy driving in 2017. There are a wide variety of factors that can contribute toward driver fatigue, and victims injured in an accident caused by a drowsy driver may be able to recover financial compensation for their pain and suffering, medical care, and property damage.

How Does Drowsiness Affect a Motorist?

When a person gets behind the wheel, he or she should be able to fully concentrate on the road, as split-second decisions often have to be made. A driver who is sleepy or feeling the effects of fatigue is likely to experience impairment to their motor functions and cognitive skills, including:

For many people, the holidays are an opportunity to visit with friends, family, and loved ones. Ranging from dinner parties to work gatherings, the number of celebrations seem to be endless around this time of year. Depending on the occasion, alcoholic beverages may be served. For anyone who plans to drink, it is imperative to think ahead for a safe ride home. Operating a vehicle under the influence of drugs or alcohol is illegal in Illinois, and it can lead to devastating consequences, including life-threatening injuries and wrongful death. If you have been the victim of a car accident involving an intoxicated motorist, you may be entitled to financial compensation for your pain and suffering. 

Holiday Drunk Driving Statistics

For a time of year that is supposed to bring joy and happiness, tragedy can often occur. According to the U.S. Department of Transportation, over the past five years, an average of 300 people have lost their lives due to drunk driving car accidents between Christmas and New Year’s Day. Even more shocking, 781 individuals died in December of 2016 because of an intoxicated motorist. Due to the prevalence of driving under the influence of alcohol (DUI) this time of year, many police departments are likely to increase the number of officers and checkpoints on Illinois roadways.  

When a teenager receives his or her license, it is a momentous occasion in his or her life. Having the freedom to explore new places can lead to feelings of both excitement and nervousness. Although a teen driver may be eager to hit the road, it is important for him or her to remember proper driving etiquette. Driving fast or playing loud music on a car's radio may seem cool; however, the possible outcomes of these actions can be devastating. In 2016, there were 2,082 teen drivers involved in fatal motor vehicle traffic crashes. If your child has suffered a serious injury or wrongful death in a car accident, it is important to seek professional legal advice.

Teen Driving Statistics

In the United States, auto accidents are among the leading causes of teen deaths every year. Statistics show that teen drivers are twice as likely as adult drivers to be involved in a fatal auto accident. According to the National Highway Traffic Safety Administration (NHTSA), in 2016:

Traffic violations, distracted driving, and drunk driving all contribute to the growing number of car accidents that occur throughout the United States. Not mentioned enough, however, is the topic of drugged driving. Every time a drugged motorist gets behind the wheel, society could be facing a potential disaster. According to the Centers for Disease Control and Prevention (CDC), approximately 16 percent of all motor vehicle crashes are caused by drivers under the influence of drugs. Victims of a car crash caused by a drugged driver could sustain life-changing injuries that can result in pain and suffering, extensive medical bills, and loss of freedom. If you or a loved one have suffered due to an impaired driver, you may be entitled to compensation, depending on the circumstances of your case.  

Is it Legal to Drive While Under the Influence of Drugs?

Although “driving under the influence” is commonly associated with alcohol use, it can also relate to drug use. In Illinois, it is illegal to operate a motor vehicle under the influence of any intoxicating compounds that could make a person unable to drive safely. An impaired driver can receive a DUI for both legal and illegal drug use. For example, even though marijuana is legal for medicinal use in Illinois, and it will be legal for recreational use starting on January 1, 2020, a person may face DUI charges if they have more than five nanograms of THC per milliliter in their blood or 10 nanograms per milliliter in another bodily substance. Penalties such as heavy fines, prison time, and loss of one's driver’s license can result, and a person may also face civil judgments for injuries caused in an accident.

Before getting behind the wheel of a car and hitting the road, it is important to remember that not everything is in your control. Car accidents can happen to any motorist at any time, regardless of whether the driver follows the rules of the road. In 2017, more than 6.45 million car accidents occurred throughout the United States. Actions taken after a collision can help determine whether medical attention is required, who is at fault, and if legal action needs to be taken. While planning for a vehicle collision is almost impossible, understanding the process of what to do after a crash can help you make sure you can recover compensation from those who were responsible.

The Type of Collision Can Affect the Outcome

Based on the location and force of impact at the time of the accident, outcomes can differ significantly. For example, the aftermath of a rear-end collision could be drastically different from a head-on collision. Being struck from behind can result in whiplash, but colliding with another vehicle in front or being hit on the side or “T-boned” at an intersection can prove fatal in some cases.