Motor vehicle accidents raise many complicated issues of fault and proof. One way to prove a defendant’s liability is by using an admission of guilt (“guilty plea”) in the underlying traffic court proceeding, which is ordinarily conducted soon after an accident is reported. Often, a potential defendant will plead guilty…
Naperville truck accidents cause serious injuries each year, including: broken bones, back and neck injuries, and in some cases even fatalities (wrongful death). The City of Naperville, recognizing the dangers posed by truck traffic, has designated specific routes for trucks. Naperville’s truck route plan has many advantages, including: reducing congestion;…
The City of Naperville is situated in a diverse area of DuPage County. Naperville contains residential areas, commercial areas, schools, churches, parks, and rivers. In addition, unincorporated areas surround Naperville. Naperville’s recent growth and development have presented challenges for city officials, who are charged with providing and maintaining safe transportation.…
A common risk faced by Illinois drivers is being struck by a driver that is underinsured. To save money on premiums, many drivers carry only the minimum amount of bodily injury liability coverage, which is $20,000. So what happens when you are involved in an accident with a driver who…
In car accident cases, lawyers for each party are permitted to conduct written discovery by issuing subpoenas, propounding a list of written questions called “interrogatories,” or serving document requests. The use of discovery to obtain personal information posted on social media sites has recently become a hot topic. To what…
The aftermath of a motor vehicle accident can be legally complex. Often times, a person other than the driver to the striking vehicle, may be additionally responsible for the damages caused by a motor vehicle collision. Under Illinois law, two common scenarios in which a person or entity may be…
The common fund doctrine serves to limit an insurance company’s recovery of insurance liens from a Plaintiff’s settlement. The common fund doctrine is an exception to the American rule on attorney’s fees. Typically, each party is responsible for their own attorney’s fees unless there is a statute or an agreement…
When a Plaintiff settles his personal injury claim, he may also have one or more liens against the amount of the recovery. Healthcare liens against a settlement may be asserted by the medical providers who have treated and rehabilitated the Plaintiff after suffering an injury. These liens are covered by…
An uninsured/underinsured (UM/UIM) claim often arises after a car accident. If the person at-fault for the accident flees the scene and is unable to be located, or if the person at-fault does not have insurance or has inadequate insurance, an uninsured/underinsured claim (sometimes called, “UM/UIM”) should be brought immediately. UM/UIM…
The biggest distinction between filing a lawsuit against an individual for a car accident and filing an uninsured/underinsured motorist claim (UM/UIM claim) against an insurance carrier is that the latter will be sent to arbitration for adjudication. Illinois law requires insurance companies to include arbitration clauses in all insurance contracts…