Liability limits for Dram Shop Act cases raised

Bars and other licensed liquor estabishments face liability for injuries caused by intoxicated persons, including drunk drivers, but the amount of liability is limited by the Dram Shop Act. Effective Janauary 20, 2010, this amount was increased.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Text messaging and driving now illegal in Illinois

Effective January 1, 2010, text messaging and driving is now illegal in Illinois.   Drivers who are caught doing so can now receive a traffic ticket.  Reading a text message or e-mail is also illegal, as is talking on a hand held device in a school zone or road construction zone.

The purpose of the new laws is to cut down on the incidence of distracted driving. Even though these acts have now officially been declared illegal, distracted driving was a basis for civil liability for a car accident before the new statutes.  To recover in an Illinois car accident suit, the injured party needed to show that the other driver failed to exercise reasonable care in the operation of his vehicle.  Driving while distracted did not comport to that standard prior to the passage of the new statute.

 

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Hamilton girl, family members injured by runaway trailer

A 6-year old girl was killed and 3 of her family members were injured an Illinois car accident when their car was struck by a runaway trailer on Illinois Route 96 near Hamilton.  The trailer was being hauled by an Iowa man when it broke away and crossed over the center line, striking the car that the girl was riding in.  The Iowa man left the scene of accident.  He was arrested and now faces several traffic charges.

From a legal perspective, this Illinois wrongful death car accident raises several legal issues:

• This may be a case where there is more than meets the eye in that the actual cause of the accident may a defect in the design in the manufacture, design, and/or maintenance of the trailer or the hitch.  In either event, as an experienced Illinois personal injury lawyer, I would strongly recommend that this family take steps to immediately preserve the remains of the trailer and the hitch so that the issue whether there is a basis for a defective product suit can be properly investigated.
• Because he was pulling a trailer at the time of the accident, it is worth investigating whether the Iowa man was doing anything employment related at the time of the occurrence.  That would make his employer liable for any negligence on his part.  This is part of a proper investigation of serious car accidents.
• This is an auto accident with multiple victims.  Unless there is a significant commercial insurance policy involved, the odds that the man from Iowa had insurance coverage is pretty slim.  Where there is insufficient coverage to compensate the victims of multi-victim car accidents, the victims may be able to make an Illinois underinsured motorist claim on their own policies.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Garden Prairie man paralyzed by uninsured driver

In November, a Garden Prairie man was holding a yard sale in the from yard of his home on U.S. Route 20 when a car driven by a young man careened off the road in into the yard sale, where he hit the man and a female customer.  The driver of the car had no insurance and explained to authorities that he looked down to change a song on his MP3 player and then "blacked out". 

The car accident severed the man's spinal cord and left him paralyzed below the waist.  He was hospitalized for 19 days at St. Anthony's Hospital and has not returned home yet and he goes through in-patient rehabilitation to help him adapt to his injuries and help him care for himself.

Uninsured motorist coverage is one of the coverages you get when you buy full coverage on your automobile.  It covers you anytime you are injured by a driver who has no liability insurance, even where as here, you are a pedestrian and not in a car at all.  Uninsured motorist coverage is one of the most important types of insurance you can buy to protect you and your family in the event of an accident, and we strongly recommend to everyone that they buy as much of this type of insurance as they can comfortably afford.

One of the interesting things about this case is that the young man claimed to have "blacked out."  This would be the basis of claiming an "Act of God" defense on his behalf.  In essence this defense is that some unpredictable, outside event actually caused the accident, such as a seizure of some kind.  The Act of God defense is an affirmative defense, which means the burden of proof on it rests on the defense. 

However, in this case, since the claim would be made against the victim's own insurance through the uninsured motorist coverage, the insurance company in the Illinois uninsured motorist claim would not have access to any medical records that would help them prove the defense.  This is because of the privacy rights of the uninsured driver.  Therefore, in most uninsured motorist cases, this would not be a viable defense.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Winter weather produces LaSalle County accidents

The recent winter weather with rain and snow producing slick and icy roads caused several car accidents in LaSalle County last week.  One occurred near Seneca on Route 6, where a westbound motorist spun out of control and into the eastbound lanes of traffic.

One basic "rule of the road" is that when weather conditions makes driving dangerous due to icy and slippery roads, you should slow down to help maintain better control of your vehicle.  This principle is actually contained in the Illinois Motor Vehicle Code, which requires that speed shall be reduced when conditions require doing so.

Even though everyone knows that you should slow down in dangerous driving conditions, a surprising number of car insurance companies deny liability when their insured is involved in a car accident due to losing control on slick or icy roads.  Their position normally is that their insured was driving within the speed limit and was being careful but the loss of control just could not be prevented.  This is a position that is simply not compatible with Illinois law, but that will not prevent insurers from unfairly denying liability for car accidents.  When an insurer unfairly denies a claim, the only recourse is to seek the assistance of an experienced Chicago personal injury lawyer who will either be able to get the insurance company to reconsider its position or file suit on your behalf.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Three injured when drunk driving teenager crashes car into tree

Three teens, including the driver, were injured in Sandoval in Marion County in a drunk driving car accident two weeks ago when the driver crashed his car into a tree after losing control of the vehicle.  The driver, age 17, was ticketed for violating Illinois' zero tolerance law for drinking and driving for people under the age of 21.

One law that many people are unaware of is the Drug or Alcohol Impaired Minor Responsibility Act.  This statute was passed in 2004 and provides that any person 18 years or older who willfully provides alcohol or illegal drugs to a person under the age of 18 is civilly liable for damages, including punitive damages and attorney's fees, to anyone injured as a result of the actions of the impaired minor.

One strange feature of the law is that it allows the minor to recover damages for his own actions, and bars the use of contributory negligence as a defense to any claim brought under the Act.  This means that the person injured cannot be blamed for the accident.  This includes the impaired minor, and would also include someone who was grossly at fault for the injuries he caused. 

Under the facts of this case, all of the kids who were in the car accident may have cases under the statute.

The whole point of the statute is to discourage people from giving alcohol to minors, and if people pay attention to to the enormous liability they subject themselves to, the statute may achieve its purpose.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Boy riding scooter killed by hit-and-run driver

A 4-year old boy from Sacramento was killed by a hit and run driver last week as he rode his scooter near an elementary school.  The car hit the boy and dragged him several feet before he was thrown clear.  He was taken to a local hospital before he was pronounced.

The law in Illinois considers hit-and-run drivers uninsured motorists.  In an uninsured motorist claim, your insurance company steps into the shoes of the uninsured driver and pays you (or your family) the damages that you are owed due to injuries from a car accident or from a wrongful death car accident.

Because your insurer is stepping into the place of the at-fault driver, you do not need to be in your vehicle at the time of the accident for your coverage to apply.  It can apply when you are the victim of a hit-and-run accident when you are a pedestrian or when you are riding your bike.

Uninsured motorist coverage also applies to relatives who reside with you.  This means that it covers your children if they are the victims of a hit and run accident while they are pedestrians.  Uninsured motorist and underinsured motorist coverage are types of auto insurance which protect you and your family, and as an experienced Chicago personal injury lawyer, I always recommend to my clients that they purchase as much as they can comfortably afford, as it provides protection to them in the event of a serious accident such as this.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

$1 million settlement in drunk driving accident

The family of a New Hampshire police officer will receive a settlement in excess of $1 million following a drunk driving accident in which the police officer was hit by a car while riding a motorcycle.  The drunk driver is serving a lengthy prison sentence after being convicted of drunk driving charges and negligent homicide.

The settlement is being funded by an $800,000 dram shop settlement from the restaurant where the drunk driver became intoxicated and the balance from the drunk driver himself.

One key difference between this case and what would happen under the same circumstances in Illinois is that the recovery against the restaurant would be subject to the damage caps under the Illinois Dram Shop Act which currently limits recovery against the dram shop to $58,652.33 for non-fatal injuries and to $71,686.18 for wrongful death accidents.

In my opinion, the dram shop caps are far too low, and certainly not in keeping with the damage that drunk drivers do week in and week out.  These should either be abolished or raised significantly.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

DeKalb auto accident results in serious injuries

Last Tuesday a cross-over car accident on Plank Road in DeKalb caused serious injuries to a Huntley man.  The man was traveling west when a minivan traveling east crossed over the center line and hit him head on.  He had to be extricated from his vehicle by rescue squads and was taken to Kishwaukee Hospital and then airlifted to Rockford.  Authorities suspect that the driver of the minivan was distracted by her four year old daughter who was riding in the backseat of the minivan.

The most common form of distracted driving is cell phone usage.  However, other distractions inside the car such as children or other passengers can lead to a serious car accident.  Accidents such as this serve as a graphic reminder to keep your attention focused on the road.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Perry County deputy victim of car crash

A Perry County Sheriff's deputy is receiving medical attention after a southern Illinois car accident with a pick-up truck on U.S. Route 51 in DuQuoin.  The deputy had activated his emergency lights to pursue a traffic violator when the driver of a pick up truck made a left hand turn in front of him.  Illinois State Police have been called in to complete the investigation.

Drivers who are planning to make a left hand turn have an obligation to yield the right-of-way to oncoming traffic.  This means that they have to wait for traffic to clear before completing their turn.  Emergency vehicles such as police vehicles are entitled to theright of way when they have their emergency signals activated also.  There was absolutely no excuse for the driver of the pick up truck to turn left in front of a police squad car with its emergency lights activated.

The deputy injured in this accident is entitled to pursue an Illinois worker's compensation case, and because the pick up truck driver was primarily at fault for this accident, he can also pursue a third party automobile liability suit against the pick up truck driver.  To win his automobile liability suit, he will have to show that the pick up truck driver was at fault.  As an experienced Chicago personal injury lawyer, I would recommend to him that he take steps to preserve the tapes of the communications he had with dispatch to help show that his emergency lights were activated at the time of the crash.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Evanston woman dies two weeks after car accident

A 71-year old woman from Evanston was pronounced dead last Wednesday after being hit a car while a pedestrian on October 27.  She was crossing the street on the 1900 block of Sheridan Road.  The car was traveling within the posted speed limit, but rainy weather and darkness are believed to be factors in causing the car accident.  The driver of the car not ticketed.

There are a few points that come to mind after hearing about this story:

1.  The fact that the driver was not ticketed does not mean that there was no liability for the accident.  Drivers of cars still have a legal obligation to yield the right of way to pedestrians.  A jury would never hear that she was not ticketed, so that is hardly determinative of the outcome of a later civil case.  In fact, the law in Illinois is that a jury only gets to hear about a traffic ticket after a car accident when the driver who receives the ticket pleads guilty to the charges in traffic court.

2.  The fact that the driver was within the speed limit does not mean that she was not at fault for the accident.  Not only was she required to yield the right of way to a pedestrian, but the Illinois Motor Vehicle Code also requires drivers to reduce their speed when conditions require it.  Dark, rainy nights require a slower speed, and simply obeying the posted limit does not meet the requirements of the motor vehicle code.

3.  Because the accident victim lived for two weeks, there are both survival and wrongful death claims as part of the wrongful death car accident suit arising from this accident.  A survival claim is one for the conscious pain and suffering the victim experienced prior to death, while a wrongful death claim compensates the surviving next of kin for their losses.

There are a number of good reasons why the family of the accident victim in this case should hire an experienced Chicago personal injury lawyer to assist them with this matter.  First, given that no ticket was issued to the driver, there is a reasonable chance that the driver's insurer will dispute liability in this case.  Second, because there are both wrongful death and survival claims in this case, medical proof to support the survival claim must be offered in connection with this wrongful death suit.  Finally, you want to be sure to identify all of the possible sources of insurance coverage and compensation.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Several victims in Pekin drunk driving accident

Last week, the suspect in a Pekin drunk driving accident made an appearance in criminal court in Tazewell County for a September drunk driving accident which resulted in injuries to 12.  The suspect had been sentenced to community service for a prior drunk driving accident, and as part of his sentence, he was working at a festival.  While at the festival, he allegedly was drinking at a beer tent run by the VFW after which he allegedly took a car owned by a local car dealership and then got into a multiple vehicle car accident.

This Illinois car accident raises several issues:

• Did he really take the car without the permission of the dealership?  In Illinois, you are covered by the insurance policy issued by the owner of the vehicle if you were operating it with the permission of the owner.  This is a key question, because the dealership would likely carry significant coverage which would properly compensate the victims of this accident.  The at-fault driver had to get the keys to the car somehow, and if there is reason to think that he was permitted to drive the car, this could create coverage under the car dealer's policy.
• If the at-fault driver was not covered because he did not have permission to drive the car, each of the victims would be able to make an Illinois uninsured motorist claim under either their own auto insurance policies or those of the vehicles they were in at the time of the auto accident.
• The victims of this accident would also be able to make claims under the Illinois Dram Shop Act against the people who were operating the beer tent run by the VFW.
• If the amount of liability insurance coverage was insufficient, then the victims would be able to make claims for Illinois underinsured motorist benefits on their own auto insurance policies or those of the car that they were in at the time of their injuries.  Underinsured motorist claims are an important means of securing compensation in multiple victim car accidents.

Teasing apart these issues is something that experienced Illinois personal injury lawyers do as part of their regular practice and is a good reason why anyone involved in this kind of accident would do well for themselves to hire qualified legal counsel.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Reminder to check uninsured motorist coverage

While you are taking a few minutes to set your clocks back, please also take a few minutes to check your automobile insurance coverage.  One thing that you want to be sure to have is uninsured motorist coverage.  This is a coverage which applies when you are involved in a car accident with an uninsured driver.  It applies even when you are a pedestrian hit by an uninsured motor vehicle or when you are bicyclist hit by an uninsured driver.  Illinois law treats hit and run drivers as uninsured motorists, so if you are ever involved in a hit and run  accident, you are entitled to make an uninsured motorist claim under your own policy.

As an experienced Chicago personal injury lawyer, I see the toll that uninsured motorists take on their victims and recognize that the sometimes the only avenue of recovery for the victim is an Illinois uninsured motorist claim.  With the slow economy resulting in more drivers choosing to go without the mandatory auto insurance, uninsured motorist coverage is an ever more important coverage to have.  It is cheap coverage which provides real benefits for you and your family.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Reminder to check for underinsured motorist coverage

We would like to remind you to set back your clocks for daylight savings time.  We also would like to remind you to check your car insurance policies to make sure that you are carrying underinsured motorist coverage. 

Underinsured motorist coverage comes into play when you are involved in an Illinois car accident with a driver who carries insufficient liability insurance to cover the damages that he causes.  When that occurs, if you carried underinsured motorist coverage in an amount in excess of the liability limits for the at-fault driver, your insurer would pay you the damages you suffered in excess of the other driver's policy limits, up to the limits of your underinsured motorist policy limits.

For example, assume that you are in an accident with a driver who carries auto liability limits of $20,000 (the state minimum) and you carried underinsured limits of $100,000 and that you suffered damages in the amount of $80,000.  In that case you would collect the $20,000 from the at-fault driver, and your insurer would pay the other $60,000 in damages that you suffered as part of your Illinois underinsured motorist claim.

We should caution you that pursuing an underinsured motorist claim can be technically challenging, so you should retain the services of an experienced Chicago personal injury lawyer to assist you.

We strongly recommend to everyone that they buy as much undersinured motorist coverage as they can comfortably afford.  It is cheap coverage and pay significant benefits when there is a serious car accident with someone who does not have the ability to pay the damages they cause.  It is good protection for you and your family.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Child delivered after death of mother also dies from injuries from car accident

Last week, there was a story in the news about a pregnant mother who was hit by a car while she was crossing the street.  Paramedics and doctors were able to keep the mother alive long enough to deliver her child by emergency c-section before the mother died.  Sadly, the child only lived for a few days before she also passed away as a consequence of the auto accident.

All of the media accounts I have seen regarding this story indicate that the driver of the car had no valid license and did not have any liability insurance.  He faces a raft of criminal charges from this Chicago car accident and will likely end up doing some significant jail time in light of his history as a traffic scofflaw.

This family has suffered losses beyond comprehension with the loss of a wife, a mother, a sibling, a child.  They will also have significant financial needs as well as the mother was a valuable contributor to the household as the mother of five.  Given that the man who killed her and the baby had no insurance and will have no income because he is going to jail, this is the kind of uninsured motorist accident which causes me to recommend to everyone that they obtain uninsured motorist coverage with their auto liability policy.

As an experienced Chicago personal injury lawyer, I have spoken to and met far too many families who have left themselves with nothing by not buying this coverage.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Sandoval rear-end accident injures woman

A Salem woman is recovering from injuries sustained in a rear-end car accident in Sandoval.  The accident victim was stopped at a stop sign when she was hit from behind.  The other driver was ticketed and charged with failure to reduce speed to avoid an accident.

Many people who contact our office about a possible Illinois car accident suit believe that since the other driver got the ticket, that means that the other driver is automatically at fault for the accident.  That is not quite right.

First, the fact that someone got a ticket is considered to be only some evidence of negligence, or fault, for the accident.  It is compelling evidence, and to be sure, that is the case ever ended up in front of a judge and jury, the jury would likely give great weight to the issue of who got the ticket, but that does not dispose of the issue.

Second, the fact that someone got a ticket for a car accident does not come into evidence unless the person who received the ticket pleaded guilty to the charges in traffic court.  This is true even if there is a full hearing in traffic court and the party receiving the ticket is found guilty of the charges.  The theory is that the guilty plea is an admission to the charges contained in the ticket.

As an experienced Chicago car accident lawyer, the advice I give to clients who have been in a car accident where traffic tickets were issued is this:

• If the other driver got the ticket, you should be careful to go to traffic court.  If you do not go, the chances of the ticket being dismissed are much higher.  If you go, there is a reasonable chance that the other driver will plead guilty, which will make the ticket admissible in evidence in a later civil suit for injuries from the car accident.
• If you were ticketed, you should go to traffic court and plead not guilty to the charges in the ticket.  This will insure that the ticket will not be used against you in a later civil trial.  I also recommend that they do not testify at the criminal trial, as that testimony will be recorded by a court reporter, and that testimony could be used against you like any other form of sworn testimony.
  

Group of junior high cheerleaders injured by hit and run motorist

Last week outside of Pittsburgh, a group of 4 junior high cheerleaders were walking from the library to a game when they were struck by a car while crossing the crosswalk.  The driver did not stop in this hit and run accident.

We have covered several times that the law is that hit and run accidents are uninsured motorist claims in Illinois.  We have also covered the fact that you can still make an uninsured motorist claim on your own insurance policy even if you are injured as a pedestrian in a hit and run accident.

This accident underlines the importance of maintaining uninsured motorist coverage on your car insurance policy as a means of protecting your family.  There were four girls all injured in the same accident.  If the family of one of the girls did carried liability insurance only on her vehicle, then she would not be able to get any compensation for her injuries. 

Similarly, if the amount of coverage was inadequate, you can end up with the skewed result that a girl who was less seriously injured than one of the other girls ended up getting a higher settlement for her injuries than a girl whose family carried uninsured motorist coverage, but at low limits.

The bottom line is this:  uninsured motorist coverage protects your own family. With ever increasing numbers of drivers on the road going without adequate insurance coverage when they buy any at all, this is an ever more important coverage for you to have.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Motorcyclists hit by 15 year old driver

On Saturday in Carterville, a group of three motorcyclists were hit from behind while they were stopped at stop light at Route 13.  The driver of the car that hit them was a 15 year old girl.  Two of the motorcycle riders were seriously injured, including one who had to be air-lifted by helicopter to St. Louis.

Obviously, the young girl who was driving the car was at fault for the accident.  She was in fact ticketed.  She did have a 42 year old woman in the car with her, presumably her mother or someone else who was out helping her learn how to drive.  Unfortunately, she learned a lesson about slowing to avoid a rear-end accident which she will probably never forget.

One issue that will come up following this accident is whether there will be any insurance coverage available to compensate the victims of this accident.  The answer to that question should be yes.  Odds are pretty good that the girl was not named on the insurance policy for the car -- she was not old enough to have a license yet, so even if that was a car owned by her parents, they probably would not have added her to the policy yet.

So how is there insurance coverage for her?  Illinois follows what is known as the permitted driver rule.  If you are a driver who is permitted to use the vehicle by a named insured, then you are covered by the insurance policy that covers the car.  For example, if I loan you my car and you hit a pedestrian, you would be covered by my insurance policy -- you had been permitted by me to use my car, so my insurance covers the accident.

Assuming that the older woman in the car with her was someone who was showing her how to drive, there will likely be insurance coverage available.  Given the number of people hurt and the severity of the injuries of at least one person, there may be issues raised involving Illinois underinsured motorist claims, as this is exactly the kind of multiple-victim car accident where underinsured motorist coverage is most useful.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Bicyclist injured in hit and run accident

A Florida boy suffered head injuries last week when he was thrown from his bike when he was struck by a hit-and-run driver.  Authorities suspect that based on the physical evidence, the boy was hit by a mirror off a van or pick-up truck.

We have covered in some of our other blog posts that when you are the victim of a hit-and-run accident in Illinois, you can make a claim on your uninsured motorist coverage for your vehicle, even when you are a pedestrian.  You can also make an uninsured motorist claim when you are riding a bicycle and are injured by a hit-and-run driver.

The key point to the law in Illinois that everyone should be aware of are: (1) you, and all of the relatives living in your household, are covered by the uninsured motorist coverage on your auto insurance policy -- even when you are not in the car (this is why you can make a claim for injuries sustained while a pedestrian or while riding a bike) and (2) the law in Illinois deems hit-run drivers as uninsured motorists for the purpose of allowing people to make Illinois uninsured motorist claims.

As an experienced Chicago personal injury lawyer, one thing that I urge my clients to is to make sure that when they buy or renew their auto insurance coverage, they make sure to buy as much uninsured and underinsured motorist coverage as their carrier will sell them.  It is cheap coverage, and directly benefits you and your family in the event of a car accident with an uninsured driver or a driver who does not have adequate insurance coverage for the damage he causes.  This is especially important in these tight economic times where more drivers are electing to go without adequate insurance coverage, when they buy insurance at all.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Uninsured motorists face jail time for causing car accident

Uninsured motorists who cause accidents are now facing up to one year of jail time when they cause an Illinois automobile accident under a new law passed by the General Assembly.  Currently, uninsured motorists who are ticketed for any reason -- including causing an accident -- must pay only a $500 fine for the first offense.  There are no added penalties for causing an accident at present.  However, come January 1 when the new law takes effect, uninsured drivers who cause an accident may face prison time.

The law comes into effect at the right time.  With tougher economic times, the number of uninsured motorists in Illinois is rising as people choose to forgo car insurance as required by law.  However, when you buy your own car insurance, you should keep in mind that the added penalties for failing to insure your car as required by law may not deter others from skipping out on their obligation to get insurance.  Therefore, you should always obtain uninsured motorist coverage for your vehicle.  That way, if you are involved in an Illinois car accident with an uninsured motorist, you can make a claim for compensation under your own policy.

Moreover, because many drivers who buy insurance simply to "keep legal"  buy only the Illinois state minimum liability coverage of $20,000 per person and $40,000 per accident, you will also want to make sure to buy underinsured motorist coverage for your vehicle as well.  In Illinois underinsured motorist coverage applies when the at-fault driver does not have enough insurance to cover the injuries they cause in a car accident and fills in the gap between the amount of coverage that they had and what you purchased.

As an experienced Chicago personal injury lawyer, I see the benefits of having proper amounts uninsured and underinsured motorist coverage on at least a weekly basis.  This is cheap coverage which protects you and your family and you should not go without both uninsured motorist coverage and underinsured motorist coverage.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Motorcyclist injured in drunk driving accident

A motorcyclist in Pennsylvania was injured when a driver of a pick up truck traveling north entered the southbound lanes of traffic to pass a slower moving vehicle.  When he did so, he did not notice a motorcycle traveling southbound and clipped the motorcycle, causing the rider to lose control of his bike and be ejected from the bike.   The pick up truck driver was charged with drunk driving.

This drunk driving accident sounds a similar them to many of the motorcycle crashes I have blogged about lately: that the driver of a car fails to see a motorcycle and yield the right of way to him, causing an accident where the motorcyclist was seriously injured (in this accident -- many other are wrongful death motorcycle accidents) and the driver of the car walks away.

When passing a vehicle traveling in  the same direction, it is a basic rule of the road that you do not enter the lane for oncoming traffic unless it is clear to do so for the distance it takes to complete the passing maneuver.  In this case, he either never checked at all, risking a head-on car crash that could have killed all involved, or he failed to see the motorcyclist, as has happened too many times in recent months.  The likelihood is that he simply failed to see the oncoming motorcycle rider.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Feds ready to act on text messaging while driving

According to a recent news piece, Transportation Secretary Ray LaHood is ready to support a federal ban on text messaging while driving.  This follows on the heels of several studies that show that text messaging while driving is unsafe.  One study showed that truck drivers who text message while driving were 23 times more likely to get into a truck accident.  Other studies have shown that text messaging and cell phone use have the detrimental effect on the safe operation of a car as driving under the influence of alcohol  Practical experience has shown that these studies are borne out in real life as the Los Angeles train accident from last year was caused by the engineer texting while operating the train.

As an experienced Chicago car accident lawyer, I will tell you one way that text messaging and cell phone usage has changed the nature of the practice of law: a question that is always looked into into every car accident suit is whether or not or a cell phone was in use at the time of the accident.

Intoxicated teen driver causes car accident

An 18 year old driver has been charged with DUI after a car accident at the intersection of Division and Jackson in Morris last week.  The intoxicated teenager ran a stop sign and hit another vehicle which was passing through the intersection.  The two occupants of the vehicle hit by the intoxicated teen had to be taken to the hospital by ambulance.

One of the key issues in this case will be where and how did this teen become intoxicated?  The answer to that question will determine whether anyone besides the teen will bear civil liability for the car accident.  For example:

• If the teen became intoxicated at a licensed liquor establishment such as a bar or restaurant, then that business would have civil liability under the Illinois Dram Shop Act.  This statute imposes civil liability on licensed liquor establishments for injuries caused by drunken patrons, subject to an annually adjusted cap on damages recoverable under the Dram Shop Act.
• If the teen were provided liquor by adults in a social setting, the parents would bear some civil liability for the drunk driving accident injuries under a new statute called the Drug and Alcohol Impaired Minor Responsibility Act.  This statute places civil liability on the adults who provide alcoholic beverages to minors who cause injuries to others through their intoxication.

The investigation of these issues will be an important part of obtaining full compensation to the victims of this car accident.  Because of the ongoing criminal investigation, answers to these questions may not be readily forthcoming.  Given the short, 1-year statute of limitations for claims under the Illinois Dram Shop Act, I strongly recommend that the victims of this teen drunk driving accident promptly seek the services of an experienced Chicago personal injury lawyer to assist them in this matter.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Hit and run driver critically injured bicyclist

A hit-and-run driver struck a bicyclist in Florida earlier this week.  The woman was passing through an intersection when she was hit by a pick up truck.  The driver of the pick up truck stopped, looked at the bicyclist, and fled the scene of the accident on foot.  The bicyclist was reported be in critical condition.

One thing that many people are unaware of is that when you are in an accident with a hit and run driver, you can make an Illinois uninsured motorist claim under your own car insurance policy.  This is because the law in Illinois considers hit and run drivers to be uninsured drivers.  Many people do not realize that they can use their uninsured motorist coverage to make a claim for compensation for injuries suffered in a hit-and-run accident even when they are pedestrians, or as here, on their bicycles.

Uninsured motorist coverage is one of the coverages you buy when you obtain full coverage on your car.  As an experienced Chicago personal injury lawyer, I have learned that uninsured motorist coverage provides important protection for you and your family, and this is one of the reasons that we recommend to everyone that they get full coverage when they buy or renew their automobile insurance coverage.

If you do not have full coverage on your vehicle (or even if you do not have a car at all), you may be able to make a claim for uninsured motorist coverage on another person's auto insurance policy if you are a named insured or if the person is a relative that you reside with such as a parent or a sibling.  These are all avenues worth investigating when you are involved in an Illinois car accident with an uninsured motorist.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Uninsured motorist count up to over 500,000

With the slowing economy, some motorists are deciding to do without the mandatory automobile liability insurance.  The Secretary of State's office released a report indicating that the percentage of uninsured motorists on the road increased from 4.7% of all vehicles in 2007 to 4.8% of all vehicles in 2008.  However, that small increase equals a total of about 539,000 uninsured drivers on the roads in Illinois.  Further, the insurance industry has released a report stating that nationwide, the total percentage of uninsured drivers may rise to as high as 15% by the year 2010.

With the raw increase in number of uninsured drivers on the roads, the chances that you will be involved in an Illinois car accident with an uninsured driver increase also.  Now is a good time to review your automobile liability insurance coverage to make sure that you are carrying uninsured motorist coverage.

Uninsured motorist coverage covers you and your family members in the event that they are involved in a car accident with an uninsured driver or a hit and run vehicle.  It even covers your family when you are in another vehicle or if you are a pedestrian.  It is cheap coverage to buy, and protects you and your family against accidents caused by uninsured drivers.

The way that uninsured motorist coverage works is that when you are injured due to the fault of an uninsured driver, you submit an Illinois uninsured motorist claim through your own insurance.  Your insurance carrier then steps into the shoes of the uninsured driver, paying you the compensation you are due for the injuries caused by the uninsured motorist, up to your policy limits.  Your insurance company then has the right to try to collect the payments it made to you against the uninsured driver. 

Making an uninsured motorist claim benefits you in two ways: (1) it provides reasonably prompt compensation for the injuries you suffered in the accident and (2) it saves the time, expense, and uncertainty of trying to collect a judgment against an uninsured motorist whom may not have the assets needed to pay for the damages he or she caused.

With the economic situation contributing to the decisions of some drivers to drop car insurance all together, there are probably significant numbers of motorists who are choosing to buy cheaper insurance.  This usually translates to insurance with lower policy limits.  This means that while you are reviewing your auto insurance coverage, you want to look at underinsured motorist coverage as well.  This works much like uninsured motorist coverage, but its triggering event is getting into a car accident with a driver who has insurance, but does not have enough coverage for the damages and injuries he or she caused.  In that case, you would be making an Illinois underinsured motorist claim through your own auto insurance.

As an experienced Chicago personal injury lawyer, I can tell you that having this kind of coverage available has made a serious, positive difference in  the lives of my clients who have had the misfortune of being involved in car accidents with drivers who either had no insurance or the state minimum,

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties