Peoria Car Accident Attorney
Car accidents are a leading cause of injury and death today. According to the National Highway Traffic Safety Administration (NHTSA), more than 37,000 people were killed in traffic crashes on U.S. roadways in a recent year. If you have been seriously injured in a car accident that was someone else’s fault, contact a Peoria car accident attorney at Kanoski Bresney right away. Our accident attorneys are tough advocates for injured people.
Why Choose Our Firm?
- Our experienced Peoria injury lawyers are not intimidated by large corporations or courtrooms. We will not hesitate to take your case to trial if it means getting the compensation you deserve.
- Our attorneys have more than four decades of experience representing people who have been injured through the negligence of others.
- We operate on a contingency fee basis. This means we do not charge any fees unless we win your case.
Peoria Car Accident Resources:
- When should I hire a car accident attorney?
- How does a lawyer prove negligence in a car accident claim?
- How does the court calculate pain and suffering in a car accident case?
- Illinois Car Accident Statistics
- What are the most common causes of car accidents?
- What are the most common injuries sustained in car accidents?
Why You Need a Car Accident Attorney
Illinois is a modified comparative fault state. The fault for an auto accident is calculated by the judge or jury and measured in percentages. For example, if your damages are $100,000 and you are assigned 10% of the fault for the accident, your recovery will be $90,000.
The at-fault driver’s insurance company may attempt to deny liability, reduce the value of your claim, and assign as much fault for the accident as possible to you. Our experienced Peoria car accident lawyers can investigate your accident to determine liability, assess the full value of your claim, negotiate with the other side on your behalf, and take your case to court, if necessary.
How Does a Lawyer Prove Negligence?
In the state of Illinois, the attorney of a plaintiff wishing to seek compensation for damages obtained in a car accident must show evidence of defendant liability.
- The defendant was legally responsible for exercising a duty of care to drive safely, which the existence of state laws adequately proves.
- The defendant failed to drive in a manner in which a reasonable person would have driven in the situation. For example, a reasonable driver would have seen and avoided an obstruction in the road that the defendant did not, due to distracted driving.
- The defendant’s actions resulted in the accident.
- The plaintiff suffered injuries as a result of the accident the defendant caused.
Proving fault in auto accident cases is not always simple, as other factors may be at play in causing an accident. For example, if a driver swerves outside a lane to avoid another driver who is swerving into their lane and crashes into a third driver, both the first and second drivers may be liable for causing the accident. For these reasons, it is best to speak with an attorney when attempting to determine fault.
How Does the Court Calculate Pain and Suffering?
If the court finds a driver to be at fault for an accident resulting in injury, that driver will likely have to compensate the injured party for medical expenses. In addition, the injured party may seek damages for pain and suffering as a result of the accident. The way to appropriately calculate pain and suffering, however, can be complicated.
Although many injuries lead to physical pain and suffering, the court may also consider emotional anguish as a result of injuries. Physical injuries are usually associated with physical pain, but the amount of pain the plaintiff experienced is usually difficult to calculate. Typically, the more medical treatment a particular injury requires, the more pain and suffering that has taken place. Similarly, the longer the physical recovery time an injury necessitates, the more pain and suffering involved.
Evidence of medical treatment, and documentation of injuries is very important in calculating pain and suffering. The court may consider factors like lost time from work, prescriptions for pain medication, and others to be proof of pain and suffering. Plaintiffs should retain any documentation of the injuries that occurred, as all may be considered valuable in proving pain and suffering took place.
Car Accident Statistics
Accidents – including car accidents – are the fifth-leading cause of death in the state of Illinois, leading to 998 deaths in the year 2015, according to the CDC. Officials expect numbers to rise slightly once the organization compiles data for 2017 later in 2019. NHTSA reports that:
- 2,443,000 people in the U.S. were injured in traffic crashes in 2015, the most recent year for which injury statistics are available.
- Per 100 million vehicle miles traveled, the fatality rate was 0.90 for passenger cars and 0.73 for light trucks.
- Per 100,000 population, the injury rate was 761 and the fatality rate was 11.06.
- 6,693 people were injured and 97 were killed in U.S. traffic crashes every day.
Common Causes of Car Accidents
Generally, car accidents are the result of driver error. In some other cases, however, poor roadways, weather-related accidents, and accidents due to the failure of one or more vehicles involved in the crash are responsible. However, if one or more of the drivers failed to drive safely with consideration to the road conditions or weather hazards, the court may still find them liable for damages the accident caused.
Driver error accidents encompass a wide variety of negligent actions, such as distracted driving due to cell phone use or other in-car distractions, driving while intoxicated, driving while fatigued, and speeding. Citable offenses make up other direct causes of accidents, such as failure to stop, failure to yield, following too closely, and other offenses. Cases where the driver received a citation for an offense at the scene of the accident often serve as a basis for lawsuits on the behalf of the injured party. Other common causes include:
- Distracted driving: As reported by NHTSA, distracted driving claimed 3,450 lives in 2016 alone.
- Drunk driving: Alcohol-impaired driving was a factor in 9,477 fatal crashes in 2016, killing 10,497 people.
- Speeding: NHTSA reports that speeding accounted for 27% of all traffic fatalities in 2016, killing 10,111 people.
- Aggressive driving: This combination of dangerous driving behaviors may include speeding, tailgating, weaving in and out of traffic, running red lights and stop signs, and failure to yield the right-of-way to other drivers.
Common Injuries in Car Accidents
Many car accidents also lead to injuries to drivers and passengers in the vehicles involved. Often, in vehicle accident injuries involving more than one driver, at least one driver’s negligence may be a direct cause of the accident. When someone sustains injuries from accidents due to negligence, the injured parties may choose to file a lawsuit against the driver that caused the accident to recover damages for medical and other costs. Car crashes can cause a wide range of injuries, from minor to fatal. Common injuries in car accidents include:
- Head and brain injuries
- Musculoskeletal injuries
Contact Our Peoria Accident Lawyers
If you or your loved one has been seriously injured in a car accident caused by someone else’s negligence, the responsible party should be held liable for your losses. Call the dedicated Peoria car accident attorneys today at Kanoski Bresney to schedule a free consultation.