Shoulder of Road Accidents
The shoulder of the road is a very unsafe place. Many people are injured or killed on the shoulder of the road each year across the country. About 12% of deaths on interstate highways are pedestrians who are either on the road or on the shoulder. Sometimes a bicyclist riding on the shoulder or someone in a vehicle that is stopped on the shoulder due to mechanical problems is severely injured. If you are injured or a loved one is killed in a shoulder of road accident, the Chicago car accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca may be able to help you recover damages.Pursuing Compensation for a Shoulder of Road Accident
Often, shoulder of road accidents occur because a driver pulls off the lanes of traffic and onto the shoulder of the road but does not completely remove his or her car from the road. There may be some portion left in the lanes of traffic, such as a wheel or the nose of the car. There is limited access to the shoulder on many expressways and interstate highways in and around Chicago.
A driver who has stopped or stalled on the shoulder can present a significant safety problem. Other drivers may not understand that the vehicle is off the road and may collide with it, thinking that the driver is in another lane of traffic. This is especially a problem at night. It can be extremely difficult to see a vehicle stopped on the shoulder if the vehicle's lights are not on, or there are no hazard cones up.
In Illinois, a driver experiencing car problems is supposed to fully remove the vehicle from the traffic lanes so that the car is on the shoulder of the road and not within any part of the road used for driving. Where a car on the shoulder of the road is situated can determine who is liable for the accident. If the car is jutting out into lanes of traffic or not illuminated in the dark, the operator of the car on the shoulder may be liable for the accident. However, there are other situations in which another driver may be liable for hitting a car in the shoulder of the road, or a bicyclist or pedestrian.
In most cases, your car crash lawyer will need to establish negligence to recover damages for a shoulder of road accident. This means showing by a preponderance of the evidence that the defendant owed you a duty of care, the defendant deviated from the duty of care, and you were injured as a result. It may be a deviation from the duty of care to pull over onto the shoulder and not move completely out of the lanes of traffic. It could also be a deviation from the duty of care if a driver is weaving in and out of traffic and crashes into a car parked on the shoulder because the driver believes that it is another lane of traffic.
Sometimes, shoulder of road crashes involve work crews on the shoulder. A driver who does not give sufficient space to workers or does not slow down to follow posted signs and then injures someone may have violated the duty to use reasonable care.
Damages that you may be able to recover after a shoulder of road accident can consist of both your economic and your noneconomic losses arising out of injuries from the accident. The amount of damages that you may be able to recover depends on the extent of your injuries. A pedestrian, bicyclist, or motorcyclist is likely to suffer more catastrophic injuries than someone inside a vehicle.Hire an Experienced Chicago Attorney for Your Car Crash Case
If you were involved in a shoulder of road accident in the Chicago area, you should consult a knowledgeable motor vehicle collision lawyer. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent car accident victims in Quincy, Aurora, Champaign, Springfield, and Rockford, as well as other cities in Cook, Kane, Sangamon, Winnebago, and Adams Counties. Call us at 312-263-6330 or toll-free at 800-444-1525 for a free consultation.