Articles Posted in Car Accident

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The Kane County 2040 Transit Plan (the “Plan”) represents the long-term plan for Kane County’s transportation future. The Plan is designed to meet Kane County’s transportation needs until the year 2040.

The Plan takes into account the varied transportation needs of the county–from the rural areas in the western part of the county to the urban areas to the east. With Kane County’s population projected to rise by nearly 300,000 people over the next 30 years (most of which will occur in the urban areas in the eastern part of Kane County), the Plan seeks to balance the transit needs in the rural areas with those needs in the urban areas.
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Although amounts vary, nearly every state, including Illinois, requires minimum vehicle liability insurance. The mandate is designed to protect people from the risks posed by uninsured drivers. The reality, however, is that there are many uninsured motorists on the roads. Considering the most common personal injury claims arise from traffic accidents, the risks posed by uninsured motorists cannot be overstated. Unless the proper steps are taken, a relatively straightforward process can become an expensive, time-consuming endeavor, resulting in unpaid medical bills and a judgment-proof defendant.
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A motor vehicle accident or pedestrian accident can be a traumatic experience and has the potential to cause painful personal injuries, such as a broken bones, painful back injuries, or head injuries. In 2010, there were approximately 89,000 persons injured in motor vehicle crashes in Illinois. This means that nearly ten people are injured in motor vehicle accidents every hour.

When an injured person incurs medical bills for treatment of injuries related to the accident, it is important to understand what may be required in order to obtain reimbursement. In Wills v. Foster, the Illinois Supreme Court held that Illinois follows the “reasonable value” approach in determining whether a plaintiff is allowed to recover their medical bills. In presenting medical bills as evidence, there are several potential pitfalls that a plaintiff should consider.
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When a motor vehicle accident occurs, there will invariably be physical damage to the motor vehicles. It is common for the cars involved in an accident to be photographed at the scene of the accident. Such photographs are often helpful in demonstrating the severity of the collision at trial. However, the photographs are not automatically admissible at trial to prove injuries or damages. Illinois Appellate Courts have wrestled with this question for years, and the Illinois Supreme Court has yet to clearly resolve the dispute.

Formerly, photographs depicting damage to a vehicle were admitted into evidence as long as the attorney laid the proper foundation. In Cancio, the Court found that although photographs of the plaintiff’s vehicle revealed little damage, they were relevant and helpful for the jury to consider in determining the extent of the plaintiff’s injuries. Cancio v. White, 697 N.E.2d 749 (1st Dist. 1998). In DiCosola, the Illinois Appellate Court ruled that the trial court had the discretion to keep photographs out of evidence, especially without the use of expert testimony. DiCosola v. Bowman, 794 N.E.2d 875 (1st Dist. 2003).
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According to the Kane County Division of Transportation, the running of red lights remains one of the major causes of car accidents. Nationwide, nearly 1,000 people are killed and approximately 178,000 are injured when vehicles crash as a result of negligent drivers running red lights.

The Illinois legislature empowers each county to regulate its streets and highways. In 2006, the Illinois legislature went further, allowing for red light cameras at high volume intersections. Kane County, DuPage County, Cook County, Lake County, and Will County, are among the Illinois counties permitted to install establish automated traffic law enforcement systems (red light cameras). Designed to capture a motor vehicle’s license plate, red light cameras take a digital photo of a motor vehicle entering an intersection while the red light signal is illuminated.
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According to the Washington Examiner, the National Highway Traffic Safety Administration (NHTSA) by way of the Transportation Secretary, Ray LaHood, told Congress on February 28, 2012, that new rules mandating rearview cameras on all passenger vehicles would be delayed until the end of 2012. In 2008, Congress passed the Cameron Gulransen Kids Transportation Safety Act. The law instructed the NHTSA to set standards for rear visibility. The Chicago Tribune reported that regulators were pushing to require rearview cameras in all new cars by 2014. It’s now unclear, however, whether the most recent delay will push back the 2014 date.

National Highway Traffic Safety Administration

Established in 1970, the National Highway Traffic Safety Administration (NHTSA), a part of the Department of Transportation, is responsible for reducing deaths, injuries, and economic losses resulting from motor vehicle accidents. In November 2006, as a part of this mandate, the NHTSA investigated the safety issues related to motor vehicle backover accidents. Backover accidents occur when a driver is backing up a vehicle and strikes a child, pedestrian, vehicle, or other object. The NHTSA tested different technologies that are designed to prevent pedestrian injuries, injuries to minors and children, and collisions with other objects. Based on its research and testing, the NHTSA determined that ultra-sonic and radar parking technologies inadequately prevented most injuries to child pedestrians; rather, the NHTSA found that the technology most effective in preventing backover car accidents was camera technology.
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The time after a car accident can be stressful and frightening. Painful injuries and worries about keeping up with work and family are the biggest concerns. You may be in no position to speak to anyone – let alone the insurance adjuster for the at-fault driver. But the insurance company will often contact you and ask you to settle your claim quickly, often for a figure that is far less than it is worth. If you have been hit by a car while riding your bike or as a pedestrian, you can expect a call from the insurance company. My advice: Never speak to them without a lawyer.

No matter what the adjuster tells you, the at-fault driver’s insurance company does not have your interests in mind. In fact, the adjuster has a conflict of interest in saying anything to you about the value of your claim. It is important NOT to speak with the at-fault driver’s insurance company without counsel. Any competent attorney knows that a call to the insurance company is likely to be recorded; therefore, it is not in your interest to say anything at all. It is best to leave all communication to your counsel.
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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 between the parties to the contrary. However, the common fund doctrine allows an attorney to collect a reasonable fee from a fund created through the attorney’s efforts. The rationale is to prevent the unjust enrichment of other parties, such as an insurance company, through the lawyer’s hard work, without paying their fair share.

Commonly, this doctrine is applied in cases involving car accidents, pedestrian accidents, and bicycle accidents in which the plaintiff’s insurance company has paid for medical expenses for the plaintiff’s injuries and is seeking repayment from the at-fault defendant’s insurance company. For the common fund doctrine to apply, the attorney must create the fund through legal services, the subrogee or claimant must not have participated in bringing about the creation of the fund, and the subrogee received a benefit from the common fund. However, the doctrine will not apply when the subrogee expresses a prompt, clear, and unequivocal desire to pursue its own subrogation claim against the defendant’s insurance company.
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Illinois Traffic Crash Reports are made by the police when a vehicle is involved in a collision (See an example Illinois Traffic Crash Report here). They are used for vehicle crashes, vehicle collisions with a pedestrian, and vehicle collisions with a bicyclist. If police are called to the scene of a collision, an Illinois Crash Report will be filled out. A more detailed report will be made if there is a death, serious injury, or if a vehicle has to be towed from the scene.

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The basic information included in the Crash Report is the street or intersection where the accident occurred, the municipality where the accident occurred, the county where the accident occurred, as well as the date, and the time of the accident. This information can be found in the box at the top of the report.
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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 the Health Care Services Lien Act. 770 ILCS 23/1, et seq. Any licensed hospital, doctor, or physical therapist which has provided medical services may elect to place a lien on the claim.

If the Plaintiff recovers a settlement or judgment, notice of the recovery must be given to each lien holder. The lien holder may seek payment of the amount of reasonable charges which remain unpaid. The Health Care Services Lien Act places limitations on the amount a lien holder can recover from the settlement or judgment.
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