Aggressive Driving Accidents
Driving is a privilege, rather than a right, and with this privilege comes a set of responsibilities. Drivers in Illinois and throughout the U.S. are required to uphold a certain standard of care behind the wheel. When a driver engages in aggressive behavior while driving, that driver puts everyone on the road at risk. If you or a loved one has been injured or killed in a car accident caused by an aggressive driver, you may be entitled to compensation for your harm. At Therman Law Offices, our skilled Wheaton and Schaumburg aggressive driving accident lawyers have years of experience handling personal injury claims and can help you navigate your case.Pursuing Compensation for an Aggressive Driving Accident
Aggressive driving, also known as road rage, is a widespread problem. The National Highway Traffic Safety Administration (NHTSA) states that aggressive driving takes place when an individual drives in a way that puts others in danger by speeding excessively, tailgating, illegally passing, carelessly weaving in and out of traffic lanes, running a red light, failing to stop at a stop sign, or failing to yield the right of way. While aggressive driving can be difficult to pinpoint, it is typically a combination of several of these behaviors behind the wheel. Under Illinois law, aggressive driving is described in the state’s reckless driving law, statute 625 ILCS 5/11-503. It occurs when a person willfully or wantonly disregards the safety of other persons or property while driving their vehicle.
Aggressive driving can put others on the road at risk of harm. If you or someone you love was injured in a car crash caused by aggressive driving, you likely can recover damages through a negligence claim with the assistance of an aggressive driving accident attorney in Schaumburg or Wheaton. In the context of car accidents, negligence is the failure of an individual to use reasonable care behind the wheel. Reasonable care refers to how a prudent or sensible person would act in the same situation. For example, a prudent driver would not tailgate other drivers, understanding the risk of accidents associated with such behavior. In order to win on a negligence claim, the burden of proof is on the plaintiff to establish the following points:
- The defendant owed the plaintiff a duty to drive using a certain level of care and caution;
- The defendant breached that duty to use reasonable care by driving aggressively; and
- The plaintiff suffered injuries and damages as a direct consequence of the defendant’s breach.
Each of the items listed above must be established before any compensation is possible for an accident. In Illinois, accident victims can seek economic damages and non-economic damages.
Economic damages are intended to compensate the injured party for things like medical costs, property damage, and lost wages. Non-economic damages, on the other hand, refer to damages for non-monetary losses, such as pain and suffering, disability, and disfigurement. Put another way, non-economic damages refer to intangible losses that are harder to quantify in a dollar amount. You should be aware that if you have lost a loved one in an aggressive driving accident, you may be able to seek wrongful death damages.
Like every other state, Illinois imposes a time limit in which a personal injury claim must be filed, known as the statute of limitations. Under Illinois law, a plaintiff has two years from the date of the accident to file a lawsuit.Contact an Aggressive Driving Accident Lawyer in Schaumburg or Wheaton
Aggressive driving can lead to serious accidents, resulting in long-term injuries or even death. If you have been injured or lost a loved one in an accident caused by someone else’s aggressive driving, the skilled motor vehicle collision attorneys at Therman Law Offices can advise you. We can help you assert your rights and seek the compensation that you deserve for your harm. Our Wheaton and Schaumburg aggressive driving accident attorneys also represent people in Norwood Park, Edison Park, Harwood Heights, Norridge, Elmwood Park, Park Ridge, Des Plaines, Rosemont, Elk Grove Village, and Mt. Prospect, among other communities. Call us at 312-588-1900 or contact us online for a free appointment.