The Law Offices of Barry G. Doyle, P.C.

In California on Friday, a bicyclist was hospitalized with head injuries after he was struck by a hit-and-run motorist.

Most people recognize that when they are involved in a car accident with an uninsured motorist, they can make an Illinois uninsured motorist claim under their own car insurance policies through their uninsured motorist coverage. One quirk in the law in Illinois regarding uninsured motorist claims is that you are also covered by your uninsured motorist coverage when you are injured by a hit and run driver.

You also are covered by uninsured motorist coverage even when you are not in your car, such as when you injured while a pedestrian or as in this case while riding a bike. This is because most uninsured motorist policies in Illinois define who is an "insured" under the policy as being the named insured and any relative residing with him or her. This is why children who are injured by uninsured motorists are covered by the policy.

Understanding the scope and reach of uninsured motorist policies is one of the advantages you get when you hire an experienced Chicago personal injury lawyer to represent you in cases involving injuries caused by hit and run drivers.

Labels: car accidents hit-and-run accidents uninsured motorist claims

2/20/2010
Barry Doyle
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Pedestrian killed by hit-and-run driver

Victims of hit-and-run accidents are covered by the uninsured motorist coverage on their own car even when they are pedestrians.

Labels: car accidents hit-and-run accidents pedestrian knockdowns uninsured motorist claims wrongful death lawsuits

12/29/2009
Barry Doyle
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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.

Labels: car accidents uninsured motorist claims

12/7/2009
Barry Doyle
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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.

Labels: car accidents hit-and-run accidents uninsured motorist claims wrongful death lawsuits

11/6/2009
Barry Doyle
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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.

Labels: car accidents dram shop act drunk driving accidents underinsured motorist claims uninsured motorist claims

10/31/2009
Barry Doyle
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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.

Labels: car accidents hit-and-run accidents uninsured motorist claims

10/27/2009
Barry Doyle
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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.

Labels: car accidents pedestrian knockdowns uninsured motorist claims wrongful death lawsuits

9/1/2009
Barry Doyle
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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.

Labels: car accidents injuries to children pedestrian knockdowns uninsured motorist claims

8/23/2009
Barry Doyle
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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.

Labels: hit-and-run accidents pedestrian knockdowns underinsured motorist claims uninsured motorist claims

8/14/2009
Barry Doyle
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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.

Labels: car accidents underinsured motorist claims uninsured motorist claims

7/10/2009
Barry Doyle
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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.

Labels: car accidents hit-and-run accidents uninsured motorist claims

7/6/2009
Barry Doyle
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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,

Labels: car accidents underinsured motorist claims uninsured motorist claims

4/10/2009
Barry Doyle
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Flossmoor girl injured in hit and run near school

A Flossmoor girl was injured yesterday when she was struck by a hit-and-run driver. The girl was crossing the street near her school when the hit-and-run vehicle disregarded the crossing guard and hit the girl while she was in the crosswalk. Authorities are still seeking out the hit-and-run driver.

Many parents are unaware that their own automobile insurance policy could provide compensation to their child if they are hurt in a hit-and-run accident like this. When you buy full coverage on your car insurance, you get a coverage called uninsured motorist coverage. It is a coverage which applies in Illinois when there is a car accident involving a family member with a hit-and-run vehicle. The thing that most people do not realize is that you do not need to be in the covered vehicle for the coverage to apply. You can make an Illinois uninsured motorist claim when you are injured by a hit-and-run driver as a pedestrian.

Most people are unaware of the availability of this coverage and what must be done to insure that a child who is injured by a hit-and-run driver in this kind of car accident is properly compensated. The parents of this child would do well to hire an experienced Chicago personal injury lawyer.

Labels: car accidents hit-and-run accidents injuries to children pedestrian knockdowns uninsured motorist claims

4/8/2009
Barry Doyle
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Infant among the injured in car crash with uninsured motorist

An Urbana infant was among four injured in a car crash near Tolono last Friday that happened when an uninsured driver ran a stop sign and hit a van being driven by a man from Homer that was passing through the intersection. The infant was a passenger in the van which caught fire as a result of the collision. The driver who ran the stop sign was cited for no insurance.

This fact pattern reveals a quirk in the law regarding Illinois uninsured motorist claims. When you are involved in a crash with an uninsured motorist, you are covered by the uninsured motorist policy on the vehicle you were in at the time of the accident. You are also covered on any other policy issued to a person with whom you are a resident relative, meaning that you live with them and are related to them.

This means that this infant's parents can make a claim on the uninsured motorist coverage policy for the driver of the car their daughter was in and on their own policy. This can make a significant difference in the amount that is eventually recovered for the child from this Illinois car crash claim, especially if there is a difference in the amount of uninsured motorist coverage available and/or the quality of the insurance carriers involved. An experienced Illinois car accident lawyer will be aware of this quirk in the coverage issue and will make sure that all available uninsured motorist policies are used to compensate this child.

Labels: car accidents injuries to children uninsured motorist claims

3/26/2009
Barry Doyle
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California man injured in hit-and-run accident

A California man suffered a broken leg and head injuries when he was struck by a vehicle which then fled the scene. The man was a pedestrian when he was hit by the car.

One thing that many people do not realize is that they are covered by their uninsured motorist coverage in situations like this:

1. Under Illinois law, a hit-and-run vehicle is considered an uninsured vehicle. When you are involved in a car accident in Illinois with a hit-and-run vehicle, you can make an Illinois uninsured motorist claim under your own policy under the uninsured motorist coverage.

2. Your uninsured motorist coverage applies even when you are not in a car, such as in situations like this, when you are hit by a car while a pedestrian.

Uninsured motorist coverage is one of the coverages you get when you buy full coverage. It provides protection to you and your family in the event of an accident, so it is coverage which you really should buy. Also, uninsured motorist coverage is very cheap coverage, so you should not skimp on it when you are buying or renewing your automobile insurance policy.

Labels: car accidents hit-and-run accidents pedestrian knockdowns uninsured motorist claims

Work Related Personal Injury

3/29/2009
Barry Doyle
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Felony charges added in death of trucker in Marengo accident

Prosecutors in McHenry County recently announced their plans to upgrade DUI charges to felony charges in an Illinois drunk driving auto accident which claimed the life of a truck driver. Last April, the truck driver had parked his semi and gotten out to get a cup of coffee at a convenience store in Marengo when he was hit by a drunk driver. The accident occurred on April 11, but the truck driver did not pass away until April 18.

There are a number of take-aways from this case:

1. The family of the truck driver who was killed is likely entitled to Illinois worker's compensation benefits. Leaving the wheel of the truck to get coffee generally will not be enough to take someone out of the scope of their employment. Given the likely size of the medical bills in this case as well as the amount of the benefits that they would be entitled to, the family of this man would do well to contact a lawyer about receiving worker's compensation benefits.

2. The family also has a right to pursue a civil action as well. The most obvious one would be against the drunk driver, but they also would have a right to pursue the bar(s) where the man was drinking also. It is important for this aspect of the case that they act quickly because there is a one year statute of limitations on the dram shop act claims that they have against the bars that were involved.

3. They will also want to consider whether to look into an uninsured or underinsured motorist claim through the insurance policy on the truck that he was driving. Commercial trucks often have large liability policies, and if there is underinsured motorist coverage on the tractor trailer available in an equal amount, this could provide significant compensation for the family of the truck driver. This is frequently a complex kind of case to pursue, and I would strongly recommend that this family hire an experienced Chicago personal injury lawyer to look into this for them.

Labels: dram shop act uninsured motorist claims worker's compensation wrongful death lawsuits

Wrongful Death Lawsuits

6/21/2009
Barry Doyle
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Man killed in hit and run accident in Homan Square neighborhood

A pedestrian was killed by a hit and run vehicle on Friday. The man was walking in the Homan Square neighborhood on Chicago's west side when he was hit by a car which fled the scene.

Many people are unaware that when you are involved in a hit-and-run accident, you are entitled to pursue an uninsured motorist claim through your own insurance policy. Uninsured motorist coverage is one of the coverages you obtain when you purchase full coverage on your car. This coverage applies to all hit and run accidents, including ones that take place when you are a pedestrian.

Further, even if the man did not have uninsured motorist coverage himself, he may still be covered under the policies of other members of his household, as uninsured motorist coverage usually also covers "resident relatives". This means that is his parents or siblings lived with him and had uninsured motorist coverage, they would be able to pursue a hit and run wrongful death claim under a policy held by another member of the household.

Identifying potentially available uninsured motorist coverage can be a complicated issue, and anyone having difficulties with this should consult an experienced Chicago personal injury lawyer to make sure that all of the potential coverages are found.

Labels: car accidents hit-and-run accidents pedestrian knockdowns uninsured motorist claims wrongful death lawsuits