The winter holiday season is fast approaching. This is a time when millions of Americans are expected to travel to various destinations. A significant portion of the population finds traveling by personal vehicle the most beneficial to their situation. In previous years, AAA estimated that 98.4 million drivers were on the road throughout the end of the year holidays, traveling over 50 miles each direction. The staggering number of vehicles on the road is not only impressive, but it also increases the likelihood of motor vehicle accidents due to negligent drivers.
What Constitutes Negligence?
When another driver’s actions or inactions lead to an accident which causes injuries to you or your loved ones, you are entitled to collect compensation. A lapse in attention or judgment while behind the wheel by the other driver may constitute negligence, leaving him or her responsible for the subsequent damages. Negligent driving may include:
- Lack of focus on the operation of the vehicle;
- Reckless conduct such as taking turns at a high rate of speed;
- Driving in excess of posted speed limits;
- Failure to watch the road;
- Talking on a cell phone or texting while driving;
- Failure to properly maintain the vehicle;
- Refusal to stop at stop signs or red lights; and
- Failure to yield the right of way.
What Can You Expect to Receive?
If you are found to be primarily at fault for the accident, meaning that your own negligence or actions were determined to contribute 50 percent or more of the responsibility for the accident, then you can expect to receive nothing from the other party. Alternatively, if your fault is less than 50 percent, then you may be eligible to receive compensation for:
- Medical expenses and ongoing health care;
- Property damage; and
- Pain and suffering.
Awarded damages will be reduced by the percentage of fault attributed to your own actions or negligence.
Although it is not advised to wait, the statute of limitations expires two years after the date of the accident. As soon as the incident occurs, it is typically in your favor to contact an attorney immediately, including from the crash site as we can advise you as to what evidence to take photographic proof of, statements to write down, and more. However, the last thing on the minds of many car accident victims is contacting a lawyer.
After ensuring the safety of yourself and your passengers and getting the medical treatment necessary, you may find yourself with accumulating medical costs that could be difficult to repay. If you are interested in discussing your options with an experienced Kane County personal injury attorney. Call 630-907-0909 to schedule a free consultation at Kinnally Flaherty Krentz Loran Hodge & Masur, P.C. today.