Car Accident

The Difference Between Uninsured and Underinsured Motorist Claims in Illinois

September 12, 2024 | John J. Malm

Car accidents can be overwhelming and potentially life-altering, and the situation becomes even more complicated when the at-fault driver lacks sufficient insurance coverage. In Illinois, motorists are required to carry a minimum amount of liability insurance, but not all drivers comply. According to a study by the Insurance Research Council (IRC), about 12.6% of drivers nationwide are uninsured, and some studies estimate that this number can be higher in urban areas. Even those who carry insurance may have insufficient coverage to fully compensate victims for their injuries and damages. In these scenarios, uninsured motorist (UM) and underinsured motorist (UIM) claims become crucial protections for injured individuals.

Understanding the differences between uninsured and underinsured motorist claims is essential if you’re involved in an accident with a driver who lacks adequate insurance coverage. These claims can be complex, and the involvement of insurance companies can create further complications. To ensure that your rights are fully protected, it’s important to consult with a knowledgeable lawyer before proceeding with a claim. Continue reading

Defending Pedestrian Rights in Chicago: Legal Support for Accident Victims

September 6, 2024 | John J. Malm

Pedestrian safety is a critical concern in Chicago, where busy streets, intersections, and distracted driving have made walking increasingly dangerous. As personal injury lawyers dedicated to helping injured pedestrians, John J. Malm & Associates is committed to holding negligent drivers accountable and seeking justice for victims across the city.

Why Pedestrian Safety is a Growing Concern in Chicago

Chicago’s high-traffic areas and busy intersections pose significant risks for pedestrians. Whether it’s navigating downtown streets or crossing neighborhood roads, pedestrians in Chicago face unique dangers, and the consequences of driver negligence can be devastating.

The Impact of Poorly Maintained Roads on Motorcycle Accidents in Illinois

June 26, 2024 | John J. Malm

Motorcycle riding offers a sense of freedom and adventure, but it also comes with significant risks. One critical, yet often overlooked, issue is the impact of poorly maintained roads on motorcycle accidents. In Illinois, the state of road maintenance has become a pressing concern for motorcyclists, leading to numerous accidents, injuries, and fatalities. This blog delves into the impact of inadequate or improper road upkeep on motorcycle safety, and how it can lead to serious motorcycle accidents. Continue reading

What Should I Do After a Hit and Run Accident?

January 25, 2024 | John J. Malm

Hit and run accidents are scary. Often, after being struck by a hit and run driver, you are confused and worry about what to do next. Do you attempt to chase down the other driver or do you call the police? What if you were injured as a result of the accident? There are several steps you should take immediately to aid in the investigation and preserve any claims you may have against the hit and run driver. Continue reading

How Are Medical Bills Paid After An Accident?

February 9, 2023 | John J. Malm

Being involved in an accident is scary. Often, you will need to seek medical treatment for your injuries after the accident and the medical bills to treat your injuries can quickly add up. You may even consider putting off medical treatment until you figure out how your medical bills will get paid. While it is not a good idea to delay your medical treatment, there are several options to deal with medical bills while you receive treatment for your injuries. Continue reading

Dangerous Car Accidents Are On The Rise

December 12, 2022 | John J. Malm

A recent study from the AAA Foundation for Traffic Safety has shown that in the last year, more drivers are participating in dangerous driving activities, such as speeding, running red lights, and driving under the influence of alcohol. Data from the study shows that 24% more drivers drove while under the influence of alcohol from 2020 to 2021, 13% more drivers drove after an hour of consuming cannabis, 10% more drivers drove through a red light, and 12% more drivers drove 15 miles-per-hour over the speed limit when on the highway.

According to the National Highway Traffic Safety Administration (NHTSA), traffic fatalities have risen since the beginning of the COVD-19 pandemic. The NHTSA estimated that 42,915 people died in motor vehicle accidents in 2021, an increase of 10.5% from 2020.

Why Do I Need to Notify My Insurance When I Wasn’t at Fault?

December 9, 2022 | John J. Malm

Often, our clients ask why they need to notify their insurance company of the motor vehicle accident when they weren’t at fault. They are concerned that notifying their insurance company of the collision will raise their insurance rates and negatively impact them in the future. Even if you weren’t at fault in causing the motor vehicle collision, there are several reasons why you should notify your insurance company.

First, your insurance company may require you to notify them of an accident regardless of whether you were at fault or not. Different insurance companies have different notice requirements, including the time frame of when notice must be given and whether notice must be given in writing. If you fail to comply with your insurance company’s notice requirements, there may be adverse consequences, including your insurance company dropping your insurance or an inability to bring an uninsured or underinsured claim. Continue reading

Accidents Caused by Lost or Falling Cargo

August 24, 2020 | John J. Malm

Every vehicle has experienced the occasional rock or road debris striking their windshield. While the resulting damage is usually minor and covered by auto insurance, what happens when you encounter a dangerous road hazard such as fallen semi-truck cargo? If the cargo in a commercial truck is not properly loaded or secured, the cargo can shift in transit, causing the driver to lose control and tip over. Falling cargo can act as a projectile and penetrate the windshield of a trailing vehicle resulting in serious bodily injury or even death.

According to AAA, over a period of three years, more than 200,000 accidents were caused by falling debris. Approximately 25,000 crashes and 80-90 deaths occur in the United States each year. Traveling at a high rate of speed increases the risk of cargo falling from vehicles but decreases other drivers’ ability to react to hazards created by the airborne debris or debris on the roadway. More than one-third of all deaths reported in the study occurred when a driver swerved to avoid the falling debris. Overcorrecting at the last minute to avoid debris also increased a driver’s risk of losing control of their vehicle and making a bad situation even worse.

Hit and Run Collisions on the Rise

August 6, 2020 | John J. Malm

While leaving a Christmas party in Orland Park, Illinois in December 2019, school teachers Rone Leja and Elizabeth Kosteck were struck by a 2016 Buick Regal in a parking lot. The high-impact collision caused Ms. Leja to suffer fatal injuries, and Ms. Kosteck to suffer serious injuries. The driver of the 2016 Buick Regal was a 73-year-old retired priest named Paul Burak. Mr. Burak was also a guest at the Christmas party. Mr. Burak had consumed alcohol that night, but he told partygoers he was ‘fine’ to drive. According to a prosecutor subsequent trial, Mr. Burak thought he backed into a curb when he struck the two women, before he drove away down a service road. A witness followed him in his car and requested that Mr. Burak return to the scene. Paul Burak is due in court again this month to face his punishment for striking and killing Rone Leja with his vehicle. The attorney for the Leja family spoke with the Chicago Sun Times, calling what happened to Leja a ‘senseless death’ that could have been easily prevented. Continue reading

The Dangers of Hungover Driving

July 4, 2020 | John J. Malm

We all know the dangers of drinking and driving. But what about getting behind the wheel the morning after a night of heavy drinking? The average person can break down a single unit of alcohol — a 12-ounce beer, 5 ounces of wine or a 1.5-ounce shot — in about an hour. (Bear in mind that bars and restaurants may serve you more than a single unit of alcohol per drink.)

One hour to break down one standard drink is an estimate for the average person, but not everyone breaks down alcohol at the same rate. There are several factors which affect how quickly your body breaks down alcohol, including your height, weight, gender, age and metabolism, whether you were eating, and whether you take medications that affect the absorption of alcohol. Ultimately, the only thing that can actually reduce your blood alcohol content is time. Late nights and excessive drinking lead to painful mornings and the dreaded effects of a hangover.