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The Common Causes Of Car Accidents In Chicago
Last updated on July 12, 2024
At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we’ve spent over 60 years helping victims of car accidents in Chicago and surrounding areas. Our experience has shown us that understanding the common causes of car accidents is important when pursuing effective strategies for success in personal injury cases. In this guide, we’ll explore five frequent causes of car accidents and how our attorneys can assist you if you’ve been affected by any of these situations.
Causes of Car Accidents
- Stop Sign Violations
- Traffic Signal Violations
- Vision Impaired Drivers
- Poor Road Maintenance
- Reckless Driving in Residential Areas
Accidents Caused By Stop Sign Violations
Stop sign violations are a prevalent cause of car accidents in our community. We often see cases where drivers fail to stop due to distraction, speeding or intentional disregard for traffic laws. These violations can lead to devastating T-bone collisions or injuries to pedestrians. Our attorneys work tirelessly to help victims seek compensation for medical bills, lost wages, and pain and suffering. We conduct thorough investigations to prove the other driver’s negligence and build a strong case for our clients.
While accidents caused by stop sign violations are among the more common kinds of motor vehicle accidents, they nevertheless can cause catastrophic harm to people involved in a crash. Victims of accidents caused by stop sign violations may include other drivers, passengers, and pedestrians walking inside a marked crosswalk. These victims are entitled to assert their right to compensation from the at-fault party by filing a personal injury claim.
Stop sign violations may occur at four-way stops or other intersections, including two-way stops, and they are most often caused by driver error. Following a crash, victims can bring a lawsuit against the other driver for compensatory damages. Compensatory damages are awarded for the losses and injuries suffered by an accident victim.
The first step in pursuing compensation from a driver who has caused an accident by violating a stop sign is to prove negligence. Negligence is the legal term for a failure to use the proper care, and it can be proven through evidence that the driver failed to act as a reasonably prudent driver would have acted under similar circumstances. The plaintiff would set forth evidence that the other driver, the defendant, was negligent and that this negligent conduct directly caused the crash and their harm.
Drivers who fail to signal when appropriate at a stop sign or fail to properly stop will be deemed negligent. Committing a traffic violation at a stop sign is likely unreasonable conduct. When this driving behavior proximately causes injuries to someone else and results in damages, the driver may be held legally responsible.
In certain situations, accidents caused by stop sign violations result in rear-end collisions. A vehicle may be struck from behind by another driver who fails to properly stop. Side-impact crashes occur when a vehicle turns, and another car strikes the side of their car. Not only do drivers who fail to abide by stop signs pose a threat to other drivers and passengers, but also they can seriously injure pedestrians and bicyclists. Holding careless drivers accountable is important in order to prevent future harm.
Accidents Caused By Traffic Signal Violations
Running red lights or ignoring traffic signals is another common cause of severe accidents. Our firm has handled numerous cases where distracted driving, speeding or reckless behavior led to drivers disregarding traffic signals. These accidents frequently result in dangerous side-impact collisions. We assist victims in pursuing compensation for various damages resulting from these accidents. Our lawyers utilize evidence such as traffic camera footage and witness statements to construct compelling cases on behalf of our clients.
Drivers who run a red light or violate traffic signals are not only at risk of receiving a traffic ticket but also may cause serious harm to other drivers, passengers, pedestrians, and bicyclists. In urban areas like Chicago, motorists are at a high risk of injury from crashes involving traffic signal violations. Innocent victims have a right to hold drivers accountable when they violate Illinois traffic laws and cause a crash.
After suffering injuries in a car accident based on a driver’s failure to obey a traffic signal, police officers may be called to the scene. The driver may be issued a citation for careless driving, failing to yield the right of way, or running a red light. Officers will document details surrounding the incident, including driving speeds, errors, and statements from witnesses. Citations often help to determine who is responsible for the injuries. In addition, witnesses may be able to help clarify questions regarding liability, as may accident reconstruction experts.
Recovering damages from a driver who has disobeyed a traffic signal provides a way to alleviate the financial repercussions of an accident. Victims who pursue legal claims following a traffic signal accident often allege negligence. To demonstrate negligence, the injured plaintiff must show that the defendant driver owed them a duty of reasonable care that was breached. A breach of the duty of care may be shown when a driver violates a traffic signal, since all drivers are expected to abide by vehicle rules and regulations. If this breach caused the plaintiff’s injuries and damages, the plaintiff will have a valid negligence claim.
Damages that may be secured in personal injury lawsuits following accidents caused by traffic signal violations include costs for past and future medical care. Victims may recover lost income due to their injuries, as well as lost earning capacity. Compensation for property damage, including vehicle repairs, may also be secured. Finally, injured individuals may recover damages for pain and suffering endured as a result of the accident.
Traffic signal violation accidents may lead to fatalities, and the grieving family of the deceased victim may pursue a wrongful death claim. According to Illinois law, a wrongful death claim provides specific damages, such as medical and funeral expenses, as well as compensation for lost income that the victim had provided. In essence, a wrongful death claim is intended to put the legal beneficiaries of the victim in the position in which they would be had their loved one survived the accident.
Accidents Caused By Vision Impaired Drivers
Vision impairment significantly increases the risk of car accidents. We’ve represented clients injured in accidents caused by drivers with vision issues stemming from medical conditions, aging or environmental factors. These impaired drivers may misjudge distances or fail to see obstacles, leading to collisions. Our attorneys collaborate with medical experts to establish the link between the driver’s vision impairment and the accident, strengthening our clients’ cases for compensation.
Under Illinois law, drivers are supposed to file a Medical Report Form completed by a doctor when they have any medical or mental condition that could result in a loss of consciousness or a loss of ability to safely drive a vehicle, or when they take medications that could impair their driving ability. Drivers are supposed to resubmit that form each time that they renew a driver’s license. Within 10 days of becoming aware of such a condition, a driver is supposed to notify the Secretary of State’s Office, and if he does not, his driver’s license and driving privileges could be canceled. The office can investigate potential medical conditions that are reported by a licensed doctor, law enforcement officer, or judicial system member.
Additionally, drivers are supposed to meet visual reading requirements of 20/40 acuity with or without corrective lenses. Drivers who have acuity between 20/41 and 20/70 can only drive during daylight hours. A driver needs to have 140-degree peripheral vision in order to have a license that is unrestricted. People who wear telescopic lenses need to meet special requirements and go through added testing to get a license. Some telescopic lens wearers can apply for nighttime driving privileges by submitting a Vision Specialist Report, successfully passing a nighttime road exam, and meeting other requirements.
If you are injured in a car accident caused by someone else, you may be able to recover damages from that driver by showing negligence. You will need to prove that it is more likely than not that the other driver owed you a duty to drive safely, and their failure to do so caused your injuries. When someone who needs corrective lenses drives without them or fails to report a vision problem that would result in a restrictive license, this is strong evidence of a breach of duty.
When there is a causal connection between a breach of duty and an accident, it may be possible to recover damages. For example, there is likely negligence if a person knows that she has a vision problem and misjudges the distance between your car and hers, resulting in a rear-end collision in which you are injured. Similarly, if a driver has a progressive vision defect and has not renewed a restricted license, and then they improperly judge the space available to pass you, and you wind up injured, it is likely that the court will find that the driver’s breach of duty caused your injuries.
Poor Road Maintenance And Car Accidents
Poorly maintained roads contribute to many accidents in and around Chicago. Issues such as potholes, inadequate signage and malfunctioning traffic signals can create hazardous conditions for drivers. In these cases, government entities may be liable for accidents caused by road defects. Our firm helps victims address complex claims against government agencies, gather evidence to prove negligence in road maintenance and secure fair compensation for our clients.
Both government agencies and private companies design and build roads. Generally, they are supposed to maintain passable areas in construction zones and provide appropriate signage. If an aspect of the road, such as something that is poorly maintained, is a substantial cause of a crash, it may be possible to hold the entity responsible for maintenance liable for the damages. Dangers on the road that are caused by poor maintenance can include road debris, damaged utility lines, uneven pavement, potholes, worn out bridges, malfunctioning traffic signals, fallen debris from a semi-trailer or truck that has not been cleaned up, and poorly placed foliage.
Among other things, you will need to show that the poor road maintenance caused a dangerous condition that was the actual and proximate cause of your injuries. You will also need to show that the road’s owner or an entity responsible for maintenance was negligent in its maintenance duties or should have provided warnings. When a road is private, and you were a lawful traveler on the road, you will need to show that the owner had actual or constructive notice of the dangerous condition but did not repair it or issue appropriate warnings.
An injured person and their attorney can sue the state of Illinois under the Court of Claims Act as the owner of the road as long as the same claim related to poor road maintenance would be available were it brought against a private person or company. You will need to either file a notice of your claim with the Attorney General and the Clerk of the Court of Claims within a year of the accident date or file a lawsuit with the Court of Claims within a year of the accident date. If you file your claim within a year of the accident date, notice is not necessary. All claims need to be filed within two years of the accident date, even if you first give notice. The notice must contain specific information. A premises liability claim against the state may be appropriate if the poor road maintenance created a dangerous condition on the state road, and the state had notice of this dangerous condition.
Sometimes the federal, state, or local government owns the road in question. In that case, it becomes necessary to determine who should be held liable and whether it is possible to sue the entity that is responsible for the poor road maintenance. Most government actors possess sovereign immunity unless that immunity is specifically waived. Although governmental entities often do have immunity from suit, this immunity has limits. They can still be held accountable in personal injury lawsuits arising from negligently maintained roads.
Illinois state employees are immune from liability for poor road maintenance as long as their actions or omissions are “discretionary.” Discretionary acts are those that are unique to public office and require judgment and deliberation. In contrast, ministerial acts are those performed in a prescribed way by obeying legal authority.
The Local Governmental and Governmental Employees Tort Immunity Act is used for injury claims against municipalities, school districts, and other local government entities based on a poorly maintained city road. This law strictly restricts the claims that can be brought against local governments.
Reckless Driving In Residential Areas
Reckless driving in neighborhoods poses significant risks to residents, particularly children and pedestrians. We’ve seen cases involving speeding, ignoring stop signs and distracted driving in residential areas. Our attorneys are committed to holding reckless drivers responsible for their actions and helping victims seek compensation for injuries sustained in these accidents. We work diligently to ensure the safety of our communities by addressing these dangerous behaviors through legal action.
Illinois law makes it unlawful for a person to drive a vehicle with a willful or wanton disregard for the safety of people or property. According to the Illinois Vehicle Code, reckless driving, which includes behavior such as traveling at a high rate of speed, swerving between lanes erratically, or failing to signal, is considered a misdemeanor crime. As a result, this conduct carries a penalty and long-term consequences. When a reckless driver has caused an accident, particularly in a residential neighborhood, the victim may assert their right to damages related to the accident by filing a civil claim.
No Matter The Cause, We Seek Compensation For You
By pursuing a personal injury claim against a negligent driver, injured individuals may recover compensation for medical costs, lost wages from work, and other harms, including emotional pain and suffering. A driver who chooses to operate their vehicle with disregard for the safety of others, particularly in a residential area, may be held legally accountable. The victim, as the plaintiff in a personal injury lawsuit, will be required to prove the legal fault of the defendant driver.
Often, car accident cases proceed under a negligence theory of law, which means that the injured plaintiff proves duty, breach of duty, causation, and damages. Defendants who have been convicted of violating the Vehicle Code or have pleaded guilty in a criminal case may find that this conduct is used as evidence in civil court to show that they breached their duty of care. The defendant driver’s reckless driving in a residential area must be a direct cause of the accident, which must have directly led to injuries for the plaintiff.
Expert testimony may help illustrate the physical and financial aspects of the plaintiff’s injuries. Economists, vocational rehabilitation experts, and physicians may set forth quantifiable evidence of expected future costs, for example. In addition, non-economic damages, including pain and suffering, may be recovered. The purpose of these damages is to put the plaintiff in the position in which they would be had the accident not occurred. Additionally, in certain cases, punitive damages may be available. Punitive damages serve to punish a defendant in a civil case, and they are appropriate when the defendant’s conduct has been particularly harmful or egregious.
Get Help From Our Experienced Accident Attorneys
If you’ve been involved in a car accident caused by any of these factors, our team at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca is here to help. With our extensive experience in personal injury law, we can guide you through the legal process and work toward achieving your legal goals. Contact us today by calling 312-724-5846 or by filling out an online form to schedule a free consultation and learn how we can assist you in your injury claim.