Motor Vehicle Accidents
The personal injury and wrongful death attorneys at Karlin, Fleisher & Falkenberg, LLC recover compensation for victims of motor vehicle accidents in Chicago and surrounding areas, including victims of automobile accidents, truck accidents, and motorcycle and bicycle accidents. Motor vehicle accidents cause thousands of injuries and hundreds of deaths each year. According to the Illinois Department of Transportation, nearly 89,000 people were injured in crashes in Illinois in 2010, and over 900 people died. Alcohol and the failure to wear restraints play major roles in these accidents, but other major factors are attributable to the negligence or recklessness of one of the drivers, including speeding, failing to heed traffic signals or road conditions, and distracted driving due to cell phone usage or otherwise not paying enough attention and care to one's driving.
Automobile Accidents
The majority of motor vehicles on the road are automobiles, so it is not surprising that most accidents involve automobiles. What may surprise you is to know how many of those drivers are uninsured. Despite laws requiring all drivers to carry liability insurance, about one in every eight drivers flout the law and drive without insurance. But as long as you were carrying insurance at the time, you should be able to make a claim under the uninsured motorist portion of your coverage.
However, regardless of whether you are making a claim against the other driver's liability insurance or your own uninsured motorist coverage, the minimum limits set by law mean that the insurer's policy limit may be as low as $20,000. In the case of a serious accident, this amount is woefully inadequate to compensate you for your medical bills, lost wages, and the pain and suffering caused by the accident. A lawsuit may be necessary to recover the full amount of compensation due to you for your damages.
Remember that whether you are dealing with the driver's insurance company or your own, the relationship between you and the carrier is an adversarial one. Insurers will consistently try to get you to settle for far less than your claim is worth, if they are not denying responsibility to pay your claim altogether. The best way to be assured of a fair settlement is to be represented by an experienced personal injury attorney with a record of success at trial. When insurance companies know that your lawyer is both willing and able to take the case to trial, they are more likely to offer a settlement that reflects the true value of your claim.
Truck Accidents
The sheer size and weight of semi-trucks increase the likelihood of serious injury or death as the result of a collision with a semi. Of the 96 deaths involving tractor-trailer crashes in 2010, 14 of those deaths were the driver of truck, while the other 72 were occupants of the other vehicle. Many accidents are the result of driver fatigue and error. Truck drivers are pushed to deliver their cargo as quickly as possible, which may lead them to speed, drive aggressively or recklessly, or stay on the road longer than they should, often with the use of stimulants which increase fatigue and decrease judgment and reaction time over prolonged use.
Because of their size and weight, trucks have many disadvantages on the road compared to automobiles. They require increased stopping distance and reaction time, and their visibility is limited. Car drivers, too, have limited visibility when driving around trucks. Both the car and truck driver need to drive with care and be aware of the other and their limitations.
The Federal Motor Carrier Safety Administration issues regulations covering trucks, truck drivers and trucking companies, including maximum hours of service for drivers, required safety equipment for trucks, and routine inspection and maintenance schedules. There are many exceptions to these regulations, however. After a crash, it is important to obtain the log books for the truck to determine whether driver and employer were in compliance with federal regulations.
Motorcycle Accidents
While trucks pose a danger to other vehicles in part because of their size and weight, the smaller size of the motorcycle exposes its rider to the threat of serious injury or death in a collision with another vehicle. Even without an impact, a reckless or negligent automobile driver can force a rider to lose control of the bike, resulting in a flip or skid that can cause serious injury, especially if the rider hits another object.
Bikers are also at risk of losing control of their bikes due to road defects, including roads which are defectively designed or do not contain adequate signage and warnings about sharp turns, steep grades, and other potential dangers. Insidious defects in the road such as defective joint sealant may go unnoticed by cars and trucks but prove deadly to a motorcyclist. Even debris blown onto the road from a construction zone can cause a motorcycle to lose control.
Bicycle Accidents
Of all the vehicles which share the road, bicycles are the smallest, slowest and lightest, and their riders are the most vulnerable of all serious injury or death in a motor vehicle accident. Some automobile drivers have little patience for bicycles in their path and will make sudden reckless lane changes, creating the risk of collision with another vehicle or impact between the cyclist and the car behind the reckless driver, who may not see the cyclist until it is too late.
Cyclists are expected to know and obey the rules of the road and to ride with reasonable care. A prudent cyclist will ride predictably and signal intentions to stop, turn, or change lanes well in advance. In addition to driver negligence, bicycle owners may also fall victim to a bicycle which was defectively manufactured or improperly assembled at the bike shop, giving rise to a products liability claim for any injuries caused when the bike fails at a critical moment.
Seek Experienced Legal Representation
At Karlin, Fleisher & Falkenberg, we limit our practice to the representation of persons who have suffered personal injury or wrongful death due to negligence or wrongful conduct on the part of another. Our lawyers have decades of experience seeking the maximum money damages available to help the injured and their families. If you have been injured or lost a loved one in a motor vehicle accident in Chicago or surrounding area, please contact Karlin, Fleisher & Falkenberg, LLC for a free consultation with one of our qualified and experienced attorneys.