Johnston City IL Accident Lawyer

In 2017, there was a significant increase in the number of motor vehicle accidents that resulted in deaths. Knowing the potential causes of accidents will help people be more alert to their cause of action and recognize when they need to speak with a personal injury lawyer in their own claim.

Increased Fatalities in Johnston City IL

The National Safety Council noted that there was an increase in automobile fatalities during the first half of 2017. During that time period there have been over 18,680 people who died in auto accidents and more than two million people who sustained serious injuries across the country. There were 40,000 individuals who died in automobile accidents in the year 2016. This variety of fatalities demonstrated a 6% growth from 2015 and was the most important increase in automobile fatalities in 53 decades.

Common Reasons For Auto Accidents

Almost 100 people die in car accidents every day in the USA. According to statistical information, the most common causes of Automobile accidents include the following:

Speeding

Another common cause of motor vehicle accidents is speeding. Speeding continues to be a leading cause of auto accidents. When a motorist is speeding, he or she has less time to brake or otherwise respond before an crash. The driver might be unable to fix the direction of the automobile, brake or stop the collision. Speeding can be done together with other dangerous driving activities. By way of example, a driver may speed while texting to a telephone, drinking and driving or impaired driving. When drivers don’t adjust their speed once the roadway is wet from rain, ice, sleet or snow, then they may skid off the roadway and be hurt or killed in severe accidents. The Insurance Institute for Highway Safety has attributed 33,000 deaths from the United States to the greater speed limits throughout the country. In 2015, 37 percent of automotive mishaps involved speeding, which resulted in approximately 400 fatalities.

Distracted Driving

Distracted driving happens when a motorist takes his or her eyes, palms or focus from the street. Distracted driving includes eating, drinking, talking to passengers, fiddling with the radio, adjusting the GPS unit, reading and grooming. A common and serious kind of driving is talking on the telephone or texting. These kinds of driving are especially dangerous, because they may take the driver’s hands, eyes and attention off the street.

Distracted driving is very significant for motorists under age 24. Additionally, over 220,000 teenagers of the same era have been treated in emergency room sections for the injuries that they sustained. Being diverted behind the wheel can lead to serious injuries when higher speeds are involved, which will be possible if a person brakes too late or not at all.

Fatigued Driving

Fatigued driving results when a person becomes tired while driving. Drowsy driving is more common for people who work night shifts, get inadequate sleep or who drive many kilometers. Drowsy driving is of particular concern from the trucking industry where automobile drivers log several miles and have an incentive to take shortcuts so as to get paid quicker. Drowsy driving results in one million motor vehicle accidents every year.

Impaired Driving

Impaired driving also causes a significant number of automotive mishaps in Illinois and throughout the nation.

Drugged driving incidences have also increased over the last few decades. Drugged driving contains accidents brought on by disability by illegal substances in addition to legally prescribed drugs. The National Highway Traffic Safety Administration reports that over 22 percent of drivers test positive for some kind of medication, whether it be illegal, over-the-counter or prescription drugs.

What should you do if you’re in an auto crash? If it happens, injuries may be severe and emotions. Below is a listing of items to do following an accident, if at all possible.

Stay in the Scene

Never leave the accident scene until it is appropriate to do so.

Get medical attention for anybody who wants it. If a person is unconscious or has neck or back pain, do not move them until qualified medical aid arrives, unless a hazard necessitates moving the individual.

Call Law Enforcement

If there’s considerable property damage, physical harm, or death, you want to call the police.

Law enforcement will document the scene of the crash, record information about the concerned parties, and ensure the protection of those involved in the crash in addition to passing drivers. The priority is security, but the fact of the matter is information collected in this process can be vital to future litigation.

Exchange Information

Get the names, numbers, addresses, drivers’ license numbers, license plate numbers, and basic insurance information from all drivers included. If there are passengers, additionally obtain their titles, numbers, and speeches.

However, you should not apologize for anything at the scene. For example, if you say, “I am so sorry I ran that red light! Is everybody okay?” You might be admitting legal liability for what happened. Immediately after an crash, it may not be clear who was to blame or more in fault. In addition, in most states, fault is not determinative of which insurer will pay for any loss. Therefore, do your best not to acknowledge guilt unnecessarily or unintentionally.

Speak to Witnesses

Ask every witness that which he or she watched. Ask locals if they’ve ever seen other accidents in precisely the exact same place.

Speak to your insurance company

As soon as possible following the collision, call your insurance carrier. Insurance companies have reporting guidelines in order to extend coverage for their policyholders, and failure to report an accident in a timely fashion may lead to the insurance company denying your claim at a later date.

Timeliness is particularly important if you think you’re to blame for the crash. If you are sued, your insurance carrier, in the majority of situations, will provide you with a defense, provided that you have fulfilled the obligations outlined on your insurance plan.

Explain the facts clearly. If the insurance carrier finds out that you have lied about whatever, you can get into serious trouble, such as potential denial of coverage for the crash. Obtain and review any police record filed, and that means you can point out who struck what traffic laws or who was to blame.

Seek medical attention

It’s important to get checked out at the ER. The shock from the accident can numb the pain of injury for a short time. Medical professionals may have the ability to see the telltale signs of injuries not clear to the naked eye.

Keep Tabs on Your Health Care Treatment

Note any doctors, physical therapists, chiropractors, or other caregivers that you get treatment from, and each medical provider that referred you to other caregivers. Keep a detailed account of the treatments or medications you get. Additionally, request copies of medical reports and bills as these help you prove your medical expenses afterwards.

Medical costs are relatively easy to record, but pain and suffering is trickier to prove. Maintain a record of how your injuries have influenced your daily life. Include any missed workdays, list any regular activities you can’t tackle, and clarify how the injuries have affected your life.

Take photographs

These days, just about everybody has a mobile phone with a camera in it. If it’s safe for you to do so, take some shots of the vehicles’ positions, the harm, the place where the accident happened, and any other photos you believe would be helpful in proving what occurred in the crash.

If you cannot take photographs, then take notes. Draw diagrams of the scene, it will help when you are discussing details with the police and your insurance company.

Take photos of any damage to your vehicle as soon as possible following the accident. Photographs help your own insurance adjuster determine just how much you should be paid for the damage to your car and can assist in court. Pictures of your car prior to the accident may offer a great “compare and contrast” to show the real extent of the damage suffered in the crash.

Speech the damage to your vehicle

Concerning the property damage on your vehicle, and subject to some information given to you with a attorney, talk with your insurance carrier concerning the damage to your vehicle. If the other party is to blame for your crash, the compensation should be handled through the other party’s liability insurance. If you are to blame, your damage will be managed through your policy’s crash policy, subject to your deductible. Most insurance carriers will direct you through the process of getting your car repaired, and a few advocate repair facilities which cover repairs under a short warranty.

Get your insurance company’s damage valuation. If you aren’t satisfied with how your insurer has appreciated your vehicle, don’t stop trying. Get two independent repair quotes or replacement estimates. Assertively notify the adjuster of your concerns. If you can not agree on your car’s value, consider mediation or consult an attorney.

Take care what you say at the accident scene

Even in the event that you feel that the crash was your fault, do not admit fault or blame at the spectacle. The term What you say can and will be used against you in a court of law generally refers to criminal cases as part of the Miranda Rights, but in addition, it applies in civil cases, such as those that originate from accidents in a car crash.

Keep communications with the other party civil and brief. Maintain your cool and extend from “finger pointing” in the scene. When you’re interviewed by a police officer concerning the facts, keep it simple, and refrain from imagining things like speed and distance. Just stick to what you understand. If you are not certain how to answer a question, say simply, “I don’t know.”

Don’t talk to anyone about the accident aside from your attorney, your insurer, and the authorities. Do not talk to a representative of another insurance company, without the knowledge of your attorney or insurance company. If called by another insurance company, be polite, but ask them to call your attorney or insurer to arrange an interview. Additionally, tell your attorney or insurer about the telephone.

Be Wary of Early Settlement Offers

Be careful, if you’re given a settlement from an insurance provider. Confirm all of your physical injuries have been treated. Some injuries do not show up or reach their greatest degree of distress until several days, weeks, or months afterwards. Don’t settle a claim until you know you’re going to be compensated for all your injuries, and consult with a lawyer before signing any compensation documents.

Mental Incompetence

If the victim is mentally incompetent after the injury, the statute of limitations can be tolled. These sufferers have just two years to file a personal injury lawsuit once they regain their capacity.

Discovery of Harm

Some legal doctrines extend the statute of limitations in order that a person may be able to file a lawsuit after the traditional statute of limitations continues to run. 1 such legal concept is that the discovery of injury rule. This legal theory holds that in some situations a plaintiff might not be aware of the harm that he or she has endured.

Nonetheless, in order for it to enforce, the court must be sure that the plaintiff did not realize the injury he or she endured until a later date and this delay of finding out this information was reasonable under the circumstances.

Statute of Limitations for Personal Injury Cases in Johnston City IL

The general statute of limitations for personal injury cases in Illinois is just two years. In most situations, this is within two years from the date that the injury happened.

Statute of Repose

Besides a statute of limitations, Illinois has a separate law pertaining to the time limitation for medical malpractice case. This statute of limitations is two decades. The statute begins to run when a man knew, or should have understood through the sensible exercise of due diligence or receive written notice about the injury. That is true even when the statute of limitations has not yet died.

Minor Victims

Another frequent exception to the general statute of limitations would be when the victim is a minor at the time of the injury. If the victim is below the age of 18 at the time of the accident, the statute of limitations will be tolled until the child reaches his or her 18th birthday. Tolling the statute of limitations means they are suspended for a particular length of time. This permits the victim to file a suit until his or her 20th birthday. However, there are exceptions for this exclusion. By way of instance, if a child is injured, the victim has to file his or her suit within eight years of this act that caused the injury or before the child turns 22, whichever happens first.

Accident Claims

Insurance companies might have different timelines for when an insurance claim must be filed, which might be much different than the statute of limitations.

Difficulties Associated with Exceptions

Even though there are exceptions to this general rule regarding the statute of limitations, these exceptions should not be relied upon.

Consult with an Johnston City IL Lawyer

Automobile accidents are frightening and upsetting. Knowing what to do is save from medical, legal, and financial problems down the road.

Illinois includes a statute of limitations that functions as a time limit by which a lawsuit must be filed when a minor or adult is injured in a personal injury case. If this time limit passes, a plaintiff may be barred from bringing forth his or her claim.

If someone else caused the accident, reach out to an attorney for advice on how to proceed.

Various statutes of limitations apply to different kinds of cases. There are general rules pertaining to the statutes of limitations, but there are also exceptions to those principles.

IL Injury Law Firm
67918 Orchard Street St
Johnston City, IL 62951

IL Injury Law Firm
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