Road Hazard Accidents
At Therman Law Offices, we represent car accident victims in their claims for monetary damages for harm suffered. Our legal advocacy includes over 35 years of combined experience, and we craft a unique approach for each client based on the specific facts of their cases, including those arising from hazards on roads or highways. As dedicated Schaumburg and Wheaton car accident attorneys, we work to oursue maximum compensation on behalf of those hurt by the carelessness of others. We are here to help you understand your legal rights and seek to hold all responsible parties accountable for your injuries.Asserting Your Right to Compensation Following a Road Hazard Car Accident
Like many car accidents, road hazard accidents can lead to devastating injuries and even loss of life. The party responsible for causing the crash can be held legally accountable for the harm caused, particularly when they have failed to behave in a reasonable manner. Road hazards include natural conditions such as snow and ice, as well as objects that have been abandoned near construction sites, for example. While legal fault cannot be assigned for all accidents, many are due to a failure to meet a standard of care, whether by a construction company or a local government.
Negligence is the legal theory that applies when a defendant has breached their duty of care and as a result, caused harm to the plaintiff. The elements of a negligence claim are duty, breach, causation, and damages.The plaintiff victim bears the responsibility to set forth evidence supporting these elements.
Duty includes the requirement that all drivers use reasonable care, avoiding conduct that causes harm to others. Breaching this duty of care exposes the defendant in a lawsuit to liability because their actions can harm another. For example, when a plaintiff is driving with reasonable speed and caution through a construction zone and suffers injuries in a crash due to an unmarked pothole in the road, the construction company may be legally at fault. The legal theory for negligence holds that the construction company must meet their affirmative duty of providing a safe worksite, and avoiding foreseeable harm to others. In this example, because the company failed to properly alert drivers or fix the open pothole, they may be deemed to have breached their duty of care.
Causation must also be shown in negligence lawsuits. Whether the defendant is a government or a private business, their action or inaction must have directly led to the injured individual’s harm. This can be shown by evidence that there were no other intervening causes before the accident.
Damages are the final element of a negligence claim. As a form of monetary compensation, damages serve to place the victim where they would be if not for the accident. The victim sets forth their costs following the road hazard accident, including economic and non-economic harm suffered. Evidence such as medical records, receipts for medications, and other costs will be calculated, as will lost wages from work missed due to the accident, in determining the amount of compensation you may be entitled to. A skilled injury lawyer can help you present all of the necessary evidence in support of your claim for damages.Modified Comparative Negligence According to Illinois Law
If an accident was partially caused by the victim plaintiff, Illinois’ modified comparative negligence doctrine may apply. This legal doctrine holds that each party responsible for causing an accident will be awarded damages in accordance with their degree of fault. For example, a plaintiff driver speeding through a construction zone and injured by a collision caused by a road hazard may be deemed to be 40 percent responsible for the crash. Their total damages awarded will be reduced by this percentage. However, if the victim plaintiff is 50 percent or more responsible for the crash, they will not recover compensation.Experienced Car Accident Lawyers for People Throughout Wheaton and Schaumburg
If you have been hurt or someone close to you has lost their life in a car accident caused by a road hazard, the Wheaton and Schaumburg attorneys at Therman Law Offices are here to help. We are dedicated to fighting for your rights in an efficient and effective manner. Pursuing a legal claim following a car accident can be overwhelming, and through compassionate representation, we can assist you in asserting your legal claim. Our office represents individuals throughout Norwood Park, Edison Park, Norridge, Harwood Heights, and Elmwood Park, as well as areas of Park Ridge, Des Plaines, Rosemont, Elk Grove Village, Mt. Prospect, and Arlington Heights. To learn more about your legal rights and options, call our office at (312) 588-1900 or contact us online.