Rush Hour Accidents
Motor vehicle accidents take place with greater frequency during rush hour. Drivers can become frustrated and agitated with traffic, which can cause them to make dangerous decisions behind the wheel. Rush hour accidents can lead to serious and long-term injuries. If you or someone close to you has been injured in an accident caused during rush hour, you may be entitled to compensation for your harm. At Therman Law Offices, our Wheaton and Schaumburg car accident attorneys are committed to holding negligent drivers accountable for their actions.Pursuing Compensation for a Rush Hour Accident
Rush hour refers to a time during each day when traffic is at its heaviest, typically when people are either going to work or leaving work, although there can be other causes. During these periods of congestion, drivers often display aggressive behavior in an effort to get to their destination more quickly. In other cases, drivers are bored while sitting in traffic and turn to their phones or engage in other forms of distracted driving. According to 2010 data from the National Highway Traffic Safety Administration, the time frame in which the most accidents occurred was between 3 and 9 pm, with the highest percentage of them taking place between 6 and 9 pm: the evening rush hour.
To file a claim for damages after a rush hour accident, injured individuals will likely need to establish that the other driver was negligent. This requires proving that the defendant breached the duty to use reasonable care behind the wheel in the way that a prudent or sensible driver would have done under similar circumstances. However, it is not enough to show that the at-fault driver breached the duty of care. Your attorney also needs to show that the breach was a direct cause of the rush hour accident and the plaintiff’s resulting injuries. Consider the following example. A driver causes a rear-end collision during rush hour because they are tailgating another vehicle. That driver would likely be liable because a driver using reasonable care would understand the risk of accidents associated with such conduct, especially during times of heavy traffic.
Under Illinois law, a negligent party will be considered liable. However, liability is not always clear and straightforward. Illinois follows a modified comparative negligence system, which relatively apportions fault between the parties to an accident. For example, if a plaintiff is deemed to be 20 percent at fault, the plaintiff will take home 80 percent of their total damages award (100 percent minus the plaintiff’s percentage of fault). There is one important exception to this rule. The plaintiff’s own fault cannot exceed 49 percent. Put another way, if the plaintiff is 50 percent or more at fault for the accident, they will be barred from recovery.
After successfully establishing liability, a plaintiff may secure a variety of damages, including medical expenses, the costs of future medical treatment, rehabilitation costs, pain and suffering, lost wages, disability, and any other costs arising from the accident. In some cases, proving future costs may necessitate expert testimony, such as the use of vocational rehabilitation experts, who understand how to analyze lost earning potential due to a crash. We will look through the facts of your case and help you determine an exact dollar amount that would be appropriate in your situation.Contact a Knowledgeable Car Accident Lawyer in Wheaton or Schaumburg
If you have been injured in a rush hour accident, you should consult an experienced personal injury attorney without delay. At Therman Law Offices, we understand the importance of financial security after a serious accident, and we will vigorously pursue full and fair damages in your case. With decades of experience to guide us, we understand how to navigate these types of claims. We can assist injured people in cities such as Wheaton, Schaumburg, Lombard, Villa Park, Addison, Elmhurst, West Chicago, Lemont, Westmont, Oakbrook Terrace, Clarendon Hills, and Downers Grove. For a free consultation, call us at 312-588-1900 or contact us online.