970 McHenry Avenue, Crystal Lake, IL 60014
Search
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in McHenry County personal injury attorney

Five Common Causes of Motorcycle CrashesMotorcycles riders are vulnerable in ways that other motorists are not. Even wearing all the recommended safety gear can only do so much to protect a rider during an accident. If you are involved in a motorcycle accident, you may be able to receive personal injury compensation if another party was at fault. However, proving fault may depend on what caused the accident. Here are five common causes of motorcycle accidents and the likelihood that someone else was at fault.

  1. Other Moving Vehicles: Common accidents between motorcycles and other vehicles involve left turns, lane changes, and rear-ending. Drivers of larger vehicles can be careless about watching for motorcycles, misjudge their speed or simply not see them in their blind spots. The driver of the other vehicle may be at fault for your accident if their actions put you in danger and you attempted to use defensive riding techniques to avoid the accident.
  2. Open Car Doors: People inside parked vehicles can cause motorcycle accidents when they suddenly open their doors. It can be difficult to see a motorcycle coming from behind, though some people fail to look when exiting the vehicle. Whether the person in the vehicle was at fault largely depends on whether you were traveling at a safe speed. Motorcycles should be extra cautious when riding down a narrow road with parked vehicles.
  3. Road Hazards: Riders are at risk of losing control of their motorcycles when they encounter surfaces that are wet or covered in debris. There is no liable party when the weather makes the road slick unless the negligent design of the road caused an unnatural accumulation of water or ice. A public road in disrepair may cause an accident, but local governments are immune from lawsuits unless you can prove willful and wanton negligence. Property owners may be liable for the unnatural debris they create on the road adjacent to their properties. For instance, lawn clippings can become slick when combined with rain and many municipalities have ordinances against blowing lawn clippings into the street.
  4. Speeding: Many motorcycle accidents can be avoided if the rider is able to slow down in time. Riders are at least partially at fault for an accident when they are traveling at unsafe speeds. The safe speed may be below the speed limit if the road conditions are poor or the rider is approaching a sharp curve in the road.
  5. Riding Under the Influence: Riding your motorcycle while intoxicated is an avoidable hazard. Other parties will not be liable if you were drunk at the time of your accident.

Contact a McHenry County Personal Injury Lawyer

Motorcycle accidents can cause severe injuries to riders, if not death. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can help you receive the compensation you need to cover your medical costs and suffering. Schedule a free consultation by calling 815-338-3838.

Source:

...

Using Proximate Cause, Circumstantial Evidence in a Personal Injury CaseThe strongest argument that you can make in a personal injury case comes from having direct evidence of the actual cause of an injury. Your first-hand account or the testimony of a witness can directly connect the negligence of another party with the incident that led to your injury. Unfortunately, some cases lack direct evidence of what caused an accident, such as a wrongful death incident that no one witnessed. You can use proximate cause and circumstantial evidence to prove the defendant’s liability, but the court will need to be convinced that it is the most plausible explanation.

Proximate Cause

As opposed to the actual cause, proximate cause is a factor that led to an injury or death, even if it was not the direct cause. The proximate cause may be an act of negligence or recklessness that set in motion the events that resulted in an injury. Courts determine that a factor is the proximate cause of an injury if the injury could have been avoided if not for that factor. For instance:

  • When you are in a car accident, the other vehicle may have been the actual cause of your injuries; but
  • If a faulty car part caused the other driver to lose control of the vehicle, the equipment malfunction would be the proximate cause of the accident and the party that made or installed the equipment is liable.

Circumstantial Evidence

When you do not have direct evidence of what caused an accident, you can present circumstantial evidence that you believe infers the cause of the accident. Circumstantial evidence may be observations or witness testimony that reasonably points towards the cause of an injury. A court will accept circumstantial evidence as establishing a fact if that fact is the only probable conclusion that it can draw from that evidence.

...

Deciding Whether to Take a Public Injury SettlementMany personal injury cases end with a settlement before heading to court. By filing a personal injury claim, you may receive a settlement offer from the liable party or its insurer. Accepting a settlement is quicker and less expensive than filing a lawsuit, although you would likely receive more compensation in a successful lawsuit. However, there are situations where it is wiser to file a lawsuit than accept a settlement. A personal injury attorney will consider several factors when advising you on your case:

  1. How Much Is the Liable Party Offering?: The insurance company would prefer to pay you the minimum amount necessary in response to your injury claim. You must consider whether the settlement amount will fully cover your injury expenses. The insurer may dispute the extent of your injuries or whether certain treatments are necessary for your recovery. Some insurers have a maximum payable amount for injury claims. You may need to file a lawsuit if the insurer cannot or will not offer enough compensation for your injury.
  2. How Much Do You Need For Pain and Suffering?: An out-of-court settlement can include compensation for pain and suffering if your injury caused a decline in your quality of life. However, compensation for pain and suffering can be a subjective amount, even if both sides agree that it should be part of the settlement. There are different formulas to quantify pain and suffering compensation, and some of the values in the formulas depend on how severe you consider the injury to be. By filing a lawsuit, you can let the court decide the appropriate amount of pain and suffering compensation.
  3. How Strong Is Your Case?: Illinois uses comparative fault when determining the amount to award in a personal injury lawsuit. Even if the court finds in your favor, it can decrease your award if it determines you were partially at fault for the incident that caused your injuries. You will receive nothing from the case if the court decides that the defendant was not at fault or that you were more than half at fault for the injury. If there is serious doubt about who was at fault, you may risk receiving less from the lawsuit than you would from the settlement.

Contact a McHenry County Personal Injury Attorney

Before deciding whether to accept a settlement, you should speak to a Crystal Lake, Illinois, personal injury lawyer at Botto Gilbert Lancaster, PC, to determine if it is a fair offer or if you would benefit more by filing a lawsuit. Schedule a free consultation by calling 815-338-3838.

Source:

...

How Social Media Can Hurt Your Personal Injury CaseReceiving the monetary compensation that you deserve in your personal injury case depends on convincing the court of the extent of your injury and the negative effect it has had on your life. You present detailed medical reports as evidence of your physical condition and have other people testify on how the injury limits your activity and enjoyment of life. The defense’s job is to try to discredit your evidence and show that your pain and suffering is not as bad as you claim. In recent years, defenses have turned to social media to find evidence against personal injury claimants.

Contradictory Statements

Under no circumstances should you discuss the details of your personal injury case on social media – publicly or privately. When talking about your injury, you may say something that contradicts the case you are presenting in court, such as:

  • The circumstances that led to your injury;
  • Your physical limitations as a result of the injury; and
  • The emotional suffering that the injury has caused you.

Never assume that a conversation on social media will remain private. The defense is looking for evidence that may cast doubt on your motivations for the lawsuit and need for compensation.

...

Tort Immunity Makes It Difficult to Collect Injury Compensation from PoliceWhen can a police officer be held liable for causing a traffic accident that results in personal injury to another party? Illinois gives officers tort immunity in situations where they are responding to an emergency. The officer’s driving actions could be negligent, reckless or illegal, but the police department would be protected from civil penalties as long as the officer was in the process of enforcing the law. While it may be necessary to allow officers to respond to emergencies without worrying about civil repercussions, it can deny car crash victims the chance to receive compensation when someone else was at fault for their accident.

Exceptions to Immunity

A court will allow you to file a personal injury lawsuit against a police department if you can prove one of two circumstances:

  • The officer was not engaged in executing the law at the time of the crash; or
  • The officer’s conduct showed a willful and wanton disregard for the safety of others.

It can be difficult to prove either of these exceptions. Courts tend to give law enforcement the benefit of the doubt when they claim that their actions were necessary or part of their job. A recent case shows how much leeway the law gives police officers who are involved in car accidents.

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top