Barrington Injury Attorneys

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847-381-8700

224 West Main Street, Barrington, IL 60010

Lake County car accident attorneyMost people greatly underestimate the effect that being sleepy has on their ability to drive. According to the National Safety Council, being awake for 20 or more hours straight has the same effect on driving as being intoxicated. If you were injured in a car accident caused by a driver who was too fatigued to drive safely, it is important to know your rights. You may be able to hold the driver accountable and recover compensation through a personal injury claim.  

Negligent Driving Caused by Sleep Deprivation

Most adults have felt the effects of sleep deprivation at least once in their lives. Reduced attention span, increased reaction time, and difficulty making decisions are all common consequences of getting too little sleep. If a driver is too fatigued to pay attention to the road and drive cautiously, he or she should pull off at a rest stop or other safe location. Fatigued drivers may:

  • Drift between lanes
  • Run red lights or stop signs
  • React too slowly to avoid a collision
  • Fall asleep at the wheel

Truck Driver Fatigue Due to Falsified Logbooks

The drivers of commercial trucks are often especially at risk of fatigued driving. To reduce the incidence of truck accidents caused by sleepiness, the Federal Motor Carrier Safety Administration has instituted certain restrictions on how long truckers can drive. Truck drivers must keep track of the hours that they drive and when they take rest breaks in a logbook. However, some truck drivers lie about how many hours they have driven. If your accident was caused by a sleepy truck driver, the driver’s logbook and data from the truck’s electronic control module (ECM) may be used as evidence in your case.

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Barrington car accident lawyerBeing the victim of any type of car accident is stressful. However, when your accident is caused by an uninsured driver, the situation becomes even more complicated. If you or a loved one were in a car accident involving an uninsured motorist, you may be unsure of what to do next. You are likely concerned about how you will pay for vehicle repair costs, medical fees, and other costs incurred by the accident, and whether or not you are fully responsible for the costs. With the help of a reputable accident attorney, you will be informed of your options as an Illinois driver.

Car Accident Liability in Illinois

Typically, the insurer of the driver who is at fault for a car accident is responsible for paying the damages resulting from the accident. Car insurance is mandatory in Illinois, however, some people choose to drive without auto insurance and in violation of the law. Others forget to renew their policy or fall behind on payments and lose coverage. If an uninsured or underinsured driver causes an accident, the people who sustained injuries and vehicle damage may assume that they are on the hook for the accident costs. However, there are options available to car accident victims that they may be unaware of.

Options for Pursuing Reimbursement for Accident-Related Costs

One option you have after an uninsured driver accident is to sue the at-fault driver. However, if the driver does not have car insurance, it is unlikely that he or she has the funds to pay a personal injury claim settlement or award. Another option is to file a third-party claim with your own insurer under the uninsured motorist policy. Illinois auto insurance policies automatically include uninsured/underinsured (UM) motorist coverage. Unless you have specifically opted out of UM coverage, your policy should cover injuries resulting from an uninsured driver accident. Unfortunately, compensation from the insurance company may not be enough to cover the full extent of your past, present, and future damages. This is especially true if you sustained severe injuries that require considerable medical care and time off work. Furthermore, liability coverage may not include compensation for vehicle repair and replacement costs.

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Cook County personal injury lawyerWhile most trucks are loaded properly and driven responsibly, sometimes, truck cargo is improperly secured. Loose or falling truck cargo creates a deadly hazard for other motorists, with the possibility that the debris may strike another vehicle and cause catastrophic damage. Motorists may also get into an accident while swerving out of the way of the fallen truck freight. Cargo that is loose can shift within a trailer causing a truck to become dangerously off-balance and out of the truck driver’s control. If you or a loved one were harmed in a truck accident caused by shifting or loose cargo, you may be entitled to compensation.  

Determining Who is Liable For Your Truck Accident

Liability for your accident may fall on several different parties. It is also possible that more than one party’s actions contributed to the severity of the accident. The party legally responsible for your injuries may be:

  • The truck driver;

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Lake County personal injury attorney car accident

In Illinois, any person found “at fault” in an incident involving bodily injury or physical damage to property will be held liable to pay the other party. This is common when determining liability for car accident damages and injuries. However, this does not always mean that a court will order one party to fully cover another’s losses. Instead, some limitations can greatly affect the amount of compensation the liable party will owe, so it is important to understand what those restrictions are. If you have any questions or concerns regarding a personal injury case, speak with an attorney knowledgeable in Illinois tort laws to protect your rights to compensation.

Illinois Code of Civil Procedure

The Illinois Code of Civil Procedure clarifies how Illinois’ tort liability laws are applied in a settlement. Although a theoretical definition of tort laws suggests that one party may be at fault while the other receives compensation from the responsible party’s insurance company, real-world cases tend to entail negligence from both parties involved in an accident. This does not instantly disqualify a plaintiff from receiving compensation after an accident. Instead, he or she just has to prove that the other party was more than 50 percent at fault. 

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Barrington car accident lawyerMany people understand the general process they must go through if they get into a car accident, but what if they were in a bus accident? Filing an injury claim to receive compensation from the party at fault is somewhat more complicated in cases like these. However, with a capable attorney and a thorough understanding of how public transportation liability works in Illinois, you will be able to pursue the compensation that you deserve.

Different Types of Bus Accidents

Unlike car accidents, the insurance claim process differs depending on whether you are a passenger on a bus or if a bus hits your car. If you are a passenger, you must first determine whether the bus driver or another driver was primarily responsible for the accident.

If another driver was at fault, the process is nearly identical to an ordinary car accident. You and your attorney must prove that the other driver did not drive with a reasonable degree of care. Pointing to any facts implying that the other driver was speeding, distracted, or under the influence will quickly prove that that driver is at fault.

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Barrington Injury Attorneys

224 West Main Street, Barrington, IL 60010

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