Improper Passing Accidents
Car accident victims seeking legal representation following a crash can rely on the attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. Our legal team has decades of experience helping injured individuals seek compensation for harm caused by the reckless or negligent conduct of another driver. If you or someone close to you was hurt in an improper passing accident, you may be entitled to recover monetary compensation. Drivers who fail to exercise due care and threaten the safety of others can be held legally accountable. A skilled Chicago car accident lawyer at our office can help prove the full extent of harm suffered in an improper passing accident, including the emotional impact involved in this type of collision.Establish Liability for an Improper Passing Accident
Illinois law requires that drivers exercise caution when passing others on the road. Additionally, the law prohibits drivers from passing other vehicles when there is not enough space to do so, and they must use turn signals so that other drivers can anticipate their actions. Blind passes, which occur when passing drivers do not have a complete view of oncoming traffic, are prohibited, and generally, vehicles are not allowed to pass on the right. A blind pass is typically encountered on a winding road, where the driver who intends to pass cannot fully see oncoming cars. In Illinois, when a driver intends to pass a bicyclist, they must maintain a safe distance between their vehicle and the bicyclist. In addition to potentially receiving a traffic citation, motorists who fail to abide by these rules may be found legally at fault if their dangerous conduct leads to an accident.
Improper passing accidents, like other reckless driving conduct, expose drivers to liability if they cause harm. Personal injury claims provide a method for accident victims to hold at-fault parties accountable for their harm. In most situations, victims will need to establish that the defendant driver was negligent. A plaintiff in an improper passing accident lawsuit would need to show that the defendant’s conduct breached their duty to act as a reasonable driver would act under similar circumstances. The plaintiff would also need to prove that their injuries were directly caused by the breach and that damages arose from the crash.
A legal claim of negligence following an improper passing accident may be strengthened if the defendant received a citation for violating the vehicle code. While a citation for driving conduct will not automatically prove liability, it can be helpful evidence that demonstrates careless driving behavior. After they receive medical attention for injuries at the scene of the crash, victims should ensure that the proper authorities are contacted.
Damages resulting from an improper passing collision typically include medical costs, as well as lost income, loss of earning capacity, and emotional suffering. Since victims can suffer debilitating injuries that have future consequences, they can recover compensation for the future costs of their treatment, medical care, and prescriptions. Lost earning capacity refers to wages that the victim would have earned, had their injuries not prevented them from working. A claim for lost earning capacity is appropriate when a victim’s ability to work has been negatively affected by the collision, due to their injuries.Seek Assistance From a Dedicated Chicago Attorney Following a Car Accident
Dangerous actions can lead to serious injuries, and careless drivers should be held legally responsible. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our motor vehicle collision lawyers assist victims in Aurora, Springfield, Champaign, Quincy, Rockford, and other communities throughout Kane, Cook, Winnebago, Sangamon, and Adams Counties as they assert their legal rights. Our experience and ability to fully represent clients throughout each phase of their legal claims has helped us recover full compensation for many injured Illinois residents. To learn more about your legal rights through a free consultation with an experienced Chicago lawyer, call our office at (800) 444-1525 or contact us online.