Poor Visibility Accidents
Maintaining visibility while operating a vehicle is essential. Drivers are required to properly respond to road hazards and adjust their conduct as necessary. If you or a loved one has suffered injuries in a poor visibility accident, Therman Law Offices may be able to help. Filing a personal injury claim for compensation provides victims with a means of pursuing justice and money damages for their accident-related costs. Our Schaumburg and Wheaton car accident attorneys bring over thirty-five years of combined experience advocating for the rights of accident victims to their work, and can potentially help you seek compensation for your harm.Bringing a Legal Claim After a Poor Visibility Accident
Poor visibility conditions for driving can be caused by weather, including snow and sleet or thick fog. Changing light also affects our ability to see, and driving at dusk or dawn may make it challenging to spot road hazards. Drivers must exercise particular caution, such as by slowing their speed and avoiding sudden braking, when their visibility is affected. It is wise to pull over if visibility is especially poor; this is a safe alternative to trying to drive through hazardous conditions.
If you have been hurt in a poor visibility car accident, a personal injury claim may help you recover expenses for medical care, missed wages from work, and property damage. Many injury claims are based on negligence, the legal term for a driver’s careless conduct or failure to exercise the level of caution required for the situation. A plaintiff pursuing a negligence claim must present evidence that the defendant owed them a duty of care, breached this duty, and caused the accident that led to their resulting injuries.
Under Illinois law, every person is obligated to act in a way that prevents harm to others. For this reason, a driver who does not operate their vehicle as carefully as they should under the circumstances can be held legally responsible if they cause an accident and harm.
Demonstrating that a driver breached their duty of care requires an analysis of the unique facts underlying the accident. Careful drivers understand that maneuvering their car in poor visibility requires adjusting their behavior behind the wheel. When it is challenging to see, tailgating or failing to use headlights when necessary may be negligent. Speeding is another example of conduct that likely fails to demonstrate reasonable care during poor visibility conditions on the road.
Regarding causation, a breached duty of care must directly cause a victim’s injuries. For example, tailgating when it’s hard to see can lead to a crash due to both the reduced stopping distance and low visibility. Further, it is foreseeable that by following too closely in poor visibility weather, a rear-end collision might occur.
After showing causation, the plaintiff must prove the damages they sustained in the accident, and a seasoned car accident lawyer can help. Accident-related costs can range from minor medical bills to more extensive, ongoing rehabilitation. Monetary compensation for accident-related costs is intended to place the victim back where they would be had the accident not occurred. These costs can include amounts for the emotional pain and suffering associated with the crash, as well as quantitative costs such as lost income and benefits. If a car accident has led to a fatality, surviving family may file a wrongful death claim against the at-fault driver. The damages available in a wrongful death action include amounts for the costs of medical care the deceased received before death, funeral and burial expenses, and the victim's emotional suffering.Modified Comparative Negligence
According to Illinois law, modified comparative negligence can affect the victim’s recovery if they are found to have partly caused an accident. If this is the case, their recovery will be reduced according to their percentage of fault. For example, an injured person who suffered $100,000 in damages but is determined to be 20 percent at-fault may recover $800,000 from the negligent driver who is 80 percent responsible for their injuries.Consult a Wheaton and Schaumburg Car Accident Attorney
If you have suffered injuries in a poor visibility accident, a dedicated vehicle collision lawyer can work to protect your legal rights. At Therman Law Offices, we are experienced in fighting for the rights of accident victims. As we investigate, negotiate, and litigate on your behalf, we will strive to recover maximum compensation on your behalf. We help people throughout Wheaton, Schaumburg, Edison Park, Norwood Park, Norridge, Harwood Heights, Des Plaines, Park Ridge, Elmwood Park, Mt. Prospect, Rosemont, and Elk Grove Village. To begin the process of learning more about your rights, call our office at 312-588-1900 or contact us online.