Shoulder of Road Accidents
Accidents that occur on the shoulder of highways and roads are particularly dangerous. When motorists pull over and exit their vehicles, they become exposed to passing cars. Bicyclists and pedestrians can also suffer serious harm when struck by a vehicle in shoulder of road accidents. The committed Schaumburg and Wheaton car accident attorneys at Therman Law Offices bring more than three decades of combined experience to our practice. We understand the emotional devastation that accompanies a serious vehicle crash and strive to recover full compensation for accident victims and their families.Filing a Negligence Claim After Shoulder of Road Accidents
Negligent drivers place others at risk of harm when they fail to use appropriate care behind the wheel. Based on the circumstances, the issue of liability rests upon whether a driver exercised care to avoid causing foreseeable harm. For example, aggressively changing lanes, losing control of the vehicle and striking a pedestrian on the shoulder of the road may be an example of negligence. All drivers owe other motorists the duty to maintain control of their car and to change lanes safely.
To prove negligence, the injured victim must show that the at-fault driver owed them a duty of care, failed to meet this duty, and directly caused their injuries. Duty of care refers to the attention required to operate a vehicle reasonably while following traffic rules and regulations. A driver complies with the duty of care by traveling at a safe speed in a rainstorm or scanning the road for other motorists and pedestrians.
A driver may breach or violate their duty of care in a range of ways from driving under the influence of drugs or alcohol to speeding through a designated construction zone on the highway. Drivers that breach their duty of care must have also directly caused a crash to be held accountable. Causation is also known as the “but for” element of a claim; but-for the defendant’s actions, the accident would not have occurred.
Construction on the side of the road can lead to a shoulder of the road crash. Drivers who fail to properly slow or provide room for workers may be determined to have breached their duty of care if their actions cause a crash and harm others. According to Illinois law, when approaching stationary authorized emergency vehicles with flashing lights, drivers must use caution by changing lanes when possible or reducing speed.
Finally, an injured plaintiff must set forth economic and non-economic damages from the accident. Medical expenses and lost income from missed work are examples of damages. Motorists injured in a shoulder of road accident tend to suffer extensive harm, particularly if they are outside their vehicle when struck by another driver. Catastrophic injuries and ongoing medical care can lead to high damages, which include anticipated expenses for future care. Emotional suffering is a non-economic cost important to calculate, particularly if the victim endures a decreased quality of life following the accident. If you were injured in an accident, it is important to consult with a lawyer to preserve your legal right to compensation.Comparative Fault and Shoulder of the Road Accidents
Shoulder of road accidents can occur when a driver experiencing mechanical problems pulls onto the shoulder but does not completely remove their vehicle from the road. This presents a safety issue as other drivers may not be able to see the stopped vehicle, particularly at night. A driver who fails to fully clear their vehicle from the road may be held partially accountable for an accident.
Comparative negligence holds that an award for damages may be reduced by percentage of fault. If a driver fails to fully pull to the side of the road and is determined to be 40 percent at fault for causing an accident, their recovery would be reduced by this amount.Reach Out for Guidance from a Wheaton or Schaumburg Attorney
Calling the Therman Law Offices can be your first step to seeking the compensation you deserve. Our Schaumburg and Wheaton lawyers represent clients throughout Norwood Park, Edison Park, Norridge, Harwood Heights, Park Ridge, Elmwood Park, Rosemont, Des Plaines, Arlington Heights, Hoffman Estates, and Elk Grove Village. Contact us to receive a free consultation regarding your claim. Call our office at 312-588-1900 or reach us online to learn more.