In 2017, there was a substantial increase in the number of automobile accidents that resulted in deaths. Knowing the possible causes of accidents can help people be more attentive for their cause of action and recognize when they have to speak with a personal injury lawyer in their own claim.
Increased Fatalities in Little Village Chicago
The National Safety Council noted that there was an increase in automobile fatalities during the first half of 2017. In that time period there were more than 18,680 individuals who died in motor vehicle accidents and over two million individuals who sustained serious injuries across the nation. There were 40,000 people who died in automobile accidents in the year 2016. This number of deaths demonstrated that a 6 percent growth from 2015 and has been the most significant increase in motor vehicle fatalities in 53 decades.
Common Causes of Motor Vehicle Accidents
Almost 100 people die in automobile accidents daily in the USA. According to statistical data, the most common causes of Automobile accidents include the following:
Another frequent cause of motor vehicle accidents is speeding. Speeding has been a leading cause of motor vehicle accidents. When a driver is speeding, he or she has less time to brake or otherwise react before an crash. The motorist may be not able to correct the direction of the automobile, brake or prevent the collision. Speeding is often done together with other dangerous driving actions. By way of example, a motorist may speed while texting on a telephone, drinking and driving or impaired driving. When motorists fail to adjust their pace when the roadway is wet from rain, ice, sleet or snow, then they may skid off the roadway and be injured or killed in serious accidents. The Insurance Institute for Highway Safety has attributed 33,000 fatalities in the United States to the greater speed limits throughout the nation.
Distracted driving has now surpassed drunk driving as the leading cause of motor vehicle accidents in the United States. Distracted driving happens when a driver takes her or his eyes, palms or attention from the road. Distracted driving includes eating, drinking, talking to passengers, fiddling with the radio, adjusting the GPS unit, reading and grooming. A serious and common form of driving is speaking on the telephone or texting. These kinds of distracted driving are particularly dangerous since they might take the motorist’s hands, attention and eyes off the street.
Distracted driving is very significant for drivers under age 24. Additionally, more than 220,000 teens of the exact same age were treated in emergency room departments for the injuries that they sustained.
Fatigued driving results when a individual becomes tired while driving. Drowsy driving is much more common for those who work night shifts, get insufficient sleep or that drive many miles. Drowsy driving is of specific concern in the trucking industry, where automobile drivers log several miles and have an incentive to take shortcuts so as to get paid quicker. Drowsy driving results in one million motor vehicle accidents each year. Drowsy driving is dangerous because it impairs judgment, slows the capability to make decisions, reduces a driver’s alertness and attention.
Impaired driving also causes a significant variety of automotive mishaps in Illinois and across the country.
Drugged driving incidences also have increased over the past couple of decades. Drugged driving contains accidents brought on by impairment by prohibited substances as well as legally prescribed drugs. The National Highway Traffic Safety Administration reports that over 22 percent of drivers test positive for some kind of medication, if it be illegal, over-the-counter or prescription drugs.
What should you do if you are in an auto crash? When it happens, injuries may be severe and emotions. But, there are important things to do in the scene of the accident and soon afterward. Below is a listing of items to do after an crash, if possible.
Stay at the Scene
Never leave the accident scene until it is appropriate to do so. If you leave, especially if someone has sustained injuries or was killed, you can face serious criminal penalties for being a shout motorist.
Assess on All Drivers and Passengers
Get medical attention for anybody who needs it. If a person is unconscious or has a neck or back pain, do not move them until qualified medical aid arrives, unless a danger requires moving the individual.
Call the Police
When there’s considerable property damage, bodily injury, or death, you want to telephone the police. Ask that a police report be filed in situations where cops do arrive in the scene, and receive the name and badge numbers of the responding officers.
Law enforcement will document the scene of the crash, record information about the involved parties, and ensure the protection of those involved in the crash as well as passing motorists. The priority is security, but the fact of the matter is data collected in this process can be vital to future lawsuit.
If there are passengers, additionally obtain their names, numbers, and speeches.
But you should not apologize for anything at the scene. Is everybody okay?” You may be admitting legal liability for what occurred. Immediately after an accident, it may not be evident who was at fault or more in fault. Moreover, in many states, fault is not determinative of which insurance companies will pay for any reduction. Therefore, try not to acknowledge guilt unintentionally or unnecessarily.
Speak to Witnesses
Request every witness that which he or she saw. Get their names, numbers, or addresses, if possible. Ask locals if they’ve ever witnessed other accidents in the same place.
Contact your Insurance Provider
As soon as possible after the collision, call your insurance carrier. Insurance companies have coverage guidelines in order to extend coverage to their policyholders, and failure to report an accident in a timely manner can lead to the insurance company denying your claim at a later date.
Timeliness is especially important if you believe you’re at fault for the accident. If you’re sued, your insurance provider, in most situations, will offer you a defense, provided that you have met the obligations outlined on your insurance policy.
Cooperate with them and tell them the facts about what occurred and the extent of your injuries. Explain the facts clearly. If the insurance company finds out that you have lied to them about anything, you can get into serious trouble, including potential denial of coverage for the accident. Obtain and review any police record filed, so that you may point out who broke what traffic laws or that was at fault.
Seek medical care
It’s important to get checked out in the ER. Shock in the accident can numb the pain of harm for a while. Medical professionals might have the ability to see the telltale signs of accidents not clear to the naked eye.
Keep Track of Your Medical Treatment
Note any physicians, physical therapists, nurses, or other caregivers which you receive treatment from, and each medical provider that referred you to other health professionals. Keep a detailed account of those remedies or medications you receive. Additionally, ask copies of all medical reports and invoices as these help you prove your medical expenses later.
Medical costs are relatively easy to document, but suffering and pain is trickier to establish. Keep a list of how your injuries have impacted your daily life. Contain any missed workdays, listing any routine activities you can’t undertake, and describe how the injuries have affected your life.
If it’s safe for you to accomplish this, take some pictures of the vehicles’ places, the harm, the location where the accident occurred, and any other photos you think would help in proving what occurred in the accident.
If you cannot take photos, then take notes. Draw diagrams of the scene, so it will help when you’re talking details with law enforcement and your insurance company.
Photos help your insurance adjuster determine how much you should be compensated for the damage to your car and can help in court. Photographs of your car before the accident can offer a great “compare and contrast” to show the real extent of the damage suffered in the crash.
Speech the damage to Your Car
Regarding the property damage on your car or truck, and subject to any information provided to you by a attorney, talk with your insurance carrier about the damage to your car or truck. If the other party is to blame for your crash, the compensation should be managed through another party’s liability insurance. If you are at fault, your damage will be handled through your own policy’s crash policy, subject to your deductible. Most insurance carriers will guide you through the process of getting your car repaired, and a few even recommend repair facilities that cover repairs under a short warranty.
Obtain your insurance company’s damage valuation. If you are not satisfied with how your insurer has valued your vehicle, don’t give up. Get two independent repair estimates or replacement estimates. Assertively notify the adjuster of your worries. If you can not agree on your auto’s value, consider mediation or consult an lawyer.
Be careful what you say at the Crash scene
Even if you feel that the crash was your fault, do not admit fault or blame at the scene. The phrase What you say can and will be used against you in a court of law typically identifies criminal cases as part of their Miranda Rights, but it also applies in civil cases, such as those that originate from accidents in a car accident.
Keep communications with the other party civil as well as brief. Maintain your cool and refrain from “finger pointing” at the scene. When you’re interviewed by a police officer about the truth, keep it easy, and refrain from imagining things like speed and space. Just stick to what you understand. If you aren’t sure how to answer a query, say simply, “I do not understand.”
Don’t speak to anyone about the accident aside from your attorney, your insurance company, and the police. Don’t speak to a representative of another insurer, without the knowledge of your attorney or insurer. Also, tell your lawyer or insurer about the call.
Be Wary of Early Settlement Offers
Be careful, if you’re given a settlement from an insurance company. Confirm all your physical injuries have been treated. Some injuries don’t show up or reach their greatest degree of discomfort until many days, weeks, or months afterwards. Don’t settle a claim until you understand you’ll be paid for all your injuries, and consult a lawyer before signing any settlement records.
If the victim is mentally incompetent after the accident, the statute of limitations may be tolled. These sufferers have just two years to file a personal injury lawsuit once they regain their capacity.
Discovery of Harm
Some legal doctrines extend the statute of limitations so that a person may be able to file a lawsuit after the conventional statute of limitations continues to run. 1 such legal concept is the discovery of harm rule. This legal theory holds that in some cases a plaintiff may not be aware of the injury that he or she has suffered. Rather than holding the victim to the same two-year statute of limitations, the statute of limitations would be tolled or stopped until the plaintiff discovers the injury after which the statute of limitations begins to tick from that date.
Nonetheless, in order for it to apply, the court has to be convinced that the plaintiff didn’t realize the harm he or she suffered until a later date and that this delay of finding out this advice was fair under the conditions. This means that the personal injury lawsuit must be filed within two years from once the cause of action arose. In most situations, this can be within a couple of years from the date the injury happened. This statute of limitations applies to personal injury cases, including medical malpractice and wrongful death cases.
Statute of Repose
Besides some statute of limitations, Illinois has a separate law of interest to the time limit for medical malpractice case. This statute of limitations is two decades. The statute begins to run when a man knew, or should have known through the