In a personal injury case, the plaintiff, the party injured intentionally or negligently by the defendant, makes a claim for compensation from the defendant for the expenses of the injury. Expenses may be tangible or economic, or they may be intangible for pain, suffering, and emotional distress. If the defendant denies responsibility or liability or offers compensation the plaintiff feels is insufficient, the parties must resolve their case in court. A Crest Hill personal injury lawyer in court seeking redress and compensation for clients injured by malicious or negligent defendants must prove certain facts for successful outcomes:
- that the defendant had a duty to exercise reasonable care not to injure the plaintiff,
- that the defendant failed to abide by that duty, and
- that the defendant’s failure caused the plaintiff’s injury.
Many if not most plaintiffs probably assume that the defendant who runs a red light and collides with their car or turns left in front of their motorcycle suddenly with no signal or runs them down on their bicycle from behind is so obviously negligent that proof of liability needs no professional assistance. This assumption is not necessarily so as a review of what a plaintiff needs to know about the law makes clear. It is always best to consult a Crest Hill personal injury lawyer before embarking on any legal action for compensation likely otherwise to fail.
Personal Injury and Auto Accidents Arising In Crest Hill, IL
Statistics show that most people are more likely to be injured in car accidents than in any other type of personal injury case, and when roads come together at intersections the likelihood of an accident goes up. The National Highway Traffic Safety Administration estimates that 40 percent of all car accidents occur at intersections.With so many accidents at road junctions, it is important to know the rules of the road to find fault and liability. Two important rules are for rights of way and for cell phones.
Most intersection car accidents are results of poor judgment when drivers fail to follow the rules for rights of way. Under Illinois state law, drivers at intersections must yield right of way to those at their right or to whoever approaches the intersection first. The rules of right of way are never more important than at uncontrolled rural intersections where no signs or lights direct traffic. In 2009, the percentage of intersection fatalities at uncontrolled rural intersections almost doubled since 2006. The National Motor Vehicle Crash Causation Survey found that turns at intersections accounted for over 23 percent of incidents surveyed. Failure to yield when required is a basis for liability.
Correlation Between Cell Phone Use & Serious Injury Cases
According to the National Safety Council, which estimates that 11 percent of drivers use them while on the road, cell phones have become dangerous distractions as the number of accidents involving them continues to increase. The Center For Disease Control claims that driving while on the phone killed 1,000 people and injured 24,000 in 2009. Illinois bans cell phones while driving in a school speed zone, on a highway in a construction or maintenance speed zone, or within 500 feet of an emergency scene.
Proving liability in a cell phone accident takes a police investigation or legal representation to identify the driver who caused the accident while on the phone. For the lone plaintiff without an attorney the proof is probably beyond reach. Many drivers will not admit that they were on the phone and inattentive to traffic conditions, but phone records and witness testimony can prove the fact. Conscientious Crest Hill personal injury lawyers regularly subpoena cell phone records from defendant drivers to prove liability in car accidents.Call a Crest Hill Personal Injury Attorney at Rosenfeld Injury Lawyers LLC
Rosenfeld Injury Lawyers LLC has attorneys ready to help residents of Crest Hill who have been injured in car accidents. Call us today for a free consultation. Our attorneys are available to meet you at your home, hospital or at our office. As will all of our personal injury cases, of fee is dependent upon a recovery for you. In other words, if we do not recover compensation for you, our services are free.
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