Personal Injury

A. Car accidents and truck accidents share many similarities. Either may be caused by speeding, reckless driving or failing to keep a proper look-out for other vehicles on the roadway. (See the Car Accidents section of this site for further information applicable to victims of motor vehicle collisions). There are however certain conditions inherent in the driving of a truck which distinguish truck accidents from other vehicle collisions.

For example, the braking system on a semi tractor trailer is different than that of a car. Heavy trucks use compressed air to make the brakes work. Although air brakes are a safe way to stop large vehicles, it takes one-half second or more for the air to flow through the lines to the brakes which impacts the stopping distance for the vehicle. The air brake lag distance at 55 mph on dry pavement adds about 32 feet to the stopping distance. A truck driver traveling 55 mph under good traction and brake conditions must contend with a total stopping distance of over 300 feet, a distance longer than a football field. The additional time required to slow or stop a large truck impacts the speed at which the truck may be safely driven and the awareness the truck driver must have for the condition of traffic on the roadway.

A. The incompetence of a truck driver may give rise to liability for the party who hired him or retained his services to transport a load. The question is whether the employer exercised "reasonable care" in hiring or retaining the driver. Did the employer make a reasonable investigation of the driver? What did the employer know or what should have been known prior to hiring the truck driver? Once an employer knew or should have known that a driver was unfit, was it reasonable for the employer not to investigate or take corrective action such as discharge or reassignment? Federal regulations require a reasonable investigation of a driver's qualifications at the time the driver is hired. The regulations require that the driver must be able to do the following:

The failure to comply with federal regulations may be evidence that a "reasonable investigation" was not performed and may give rise to an independent basis of liability against the employer. Whether the truck driver who caused your loss was qualified must be evaluated based upon the facts surrounding your collision.

A. Research completed by the National Transportation Safety Board suggests that driver fatigue and lack of sleep is the number one cause of truck crashes, a greater danger than either alcohol or drugs. It is estimated by the U.S. National Highway Traffic Safety Administration that driver fatigue may be responsible for as many as 240,000 motor vehicle accidents in the U.S. annually. If the fatigue of a driver causes him to weave or fall asleep at the wheel, both he and his employer may be held liable for the personal injuries and damages which result.

Fault for driver fatigue which causes an accident may be attributed to the driver's employer under certain circumstances. In determining whether an employer contributed to the driver fatigue the following may be considered:

1. Did the trucking company properly monitor the driver?
2. Did the company fail to consider driver fatigue in scheduling load delivery?
3. Were drivers ordered to continue driving notwithstanding complaints made to a company dispatcher that he was too tired to continue?
4. Was the truck driver required to meet a time schedule for the delivery of shipments that require driving beyond federal limits?

Driving while fatigued is a violation of federal regulations and may be evidence of negligence. Careful evaluation of the circumstances surrounding a collision may reveal that driver fatigue played a role in the accident.

A. The driver may admit to police or witnesses that he is fatigued. Such statements may be reflected in the Traffic Crash Report completed by police at the scene. A driver may also make a similar statement to the dispatcher. A driver may appear fatigued when observed by police or other witnesses. Review of the truck driver's log may also be useful in establishing the amount of time on the roadway and to assess the likelihood of fatigue. Motor Carrier Safety Regulations regulate the permitted hours of service and require the driver to keep a log of their "duty status".

A wide range of sources must be analyzed to determine whether driver fatigue is a factor in causing an accident. It is important that you involve a lawyer in this process to speak with the witnesses to the collision, review the driver's log, obtain records associated with the maintenance of the vehicle, review the materials associated with the hiring of the Kurtnd evaluate the potential avenues of recovery that are available.

A. The driver's log for the trip he was involved in at the time of the accident;

A. The Federal Motor Carrier Safety Administration regulates the amount of insurance a carrier must maintain. For vehicles weighing more than 10,000 pounds and hauling only non-hazardous materials, minimum liability coverage in the amount of $750,000.00 is required. If hauling hazardous materials, the required minimum liability coverage increases to between $1,000,000.00 and $5,000,000.00 depending upon the type of material transported.

A. If the accident was the other driver's fault, you may be entitled to compensation. Fault is determined by evaluating a variety of factors: the description of the collision by the drivers involved, witness observations, the nature and location of the damage to the vehicles, observations and sometimes the conclusions of police officers at the scene.

A claim may be made with the at fault driver's insurance company. A claims adjuster is assigned by the insurer to evaluate the fault of the drivers, the nature of your injury and the property damage your vehicle sustained. One must remember that the claims adjuster's job is to limit the amount paid to you to whatever extent possible. The claims adjuster represents the interests of the insurer, not you. Involving our law firm on your behalf can level the playing field and provide the experience necessary to protect your interest in receiving full compensation for your loss.

A. Many insurers wish to secure a recorded statement from the injured person shortly after the accident. We do not recommend providing a sworn statement without first speaking to a lawyer. The claims adjuster who will take the statement does not have the same interest as you. A recorded statement often addresses crucial issues of fault and damage. First speak with McCall Law Offices, P.C. ; that way, we can assess whether providing a statement is appropriate. Do not allow the insurer to address these critical issues without the benefit of a lawyer acting on your behalf.

A. If the other driver who caused the accident is uninsured, you may be able to obtain compensation through your own insurer. Most automobile insurance policies provide uninsured motorist coverage. This coverage protects you when you are injured by a person who failed to carry insurance.

An uninsured motorist claim is governed by the terms of the policy. The recovery of compensation is limited to the amount of coverage purchased. It is important to review the policy to determine the terms and amount of coverage available.

Uninsured motorist claims do not typically involve a lawsuit or a jury. If the injured person and their insurer are unable to agree on the issue of liability or the amount of compensation which should be paid, most policies require arbitration of the dispute. Arbitration involves either one judge or a panel of judges hearing the evidence and deciding the issues. If you believe you may have an uninsured motorist claim, contact our office so that the terms of your policy may be reviewed and your rights may be protected.

A. You may be entitled to compensation from your own insurer under your underinsured motorist coverage. Most automobile policies provide underinsured motorist coverage. Such coverage protects you when the insurance of the other driver is smaller than the coverage you purchased and the compensatory value of your claim exceeds the policy limit of the other driver's policy.

An example of an underinsured motorist claim is as follows: Kurt is involved in a car accident which is the fault of Silly Sam. Kurt suffers a broken leg and broken wrist. Kurt seeks compensation from Silly Sam's insurer whose policy is limited to $20,000.00. Kurt carries underinsured motorist coverage with a limit of $100,000.00. Kurt may be entitled to the $20,000.00 policy limit from Silly Sam's insurer and an additional $80,000.00 pursuant to his own underinsured motorist coverage.

A. We represent our clients on a contingent basis. A "contingency fee" is where the attorney receives a percentage of the money recovered for you. This agreement provides a risk free fee structure for our clients. The client is not charged any amount while the claim is pending. If we are not successful in recovering an amount for you, you are not charged for any of the professional time spent on your case. Contingency fees vary slightly from case to case but are typically one-third of the amount recovered.

A. Our firm pays all of the expenses associated with presenting your claim to the insurer as well as the cost of litigation. These costs include acquiring copies of medical records, deposition transcripts, trial exhibits, witness fees and hiring experts, if necessary. These amounts are distinct from the attorney fee and are repaid at the conclusion of the case. If you do not receive compensation, our law firm will not charge you for the advanced expenses.

A. There are many elements of damage you may suffer when involved in a car accident. The expenses associated with medical treatment after the accident may be recovered. Medical expenses may be claimed even if the bills are paid by a health insurer or through your auto carrier. Medical expenses reasonably certain to be incurred in the future may also be recovered if supported by the testimony of a physician.

The wages lost because of time missed from work may also be claimed even if sick or vacation days are used for some or all of the missed time. These "economic" damages are easier to calculate than the "non economic" damages noted below.

Compensation for past pain and suffering may be claimed as may future pain and suffering if a doctor testifies that such pain and suffering will likely occur. "Pain and Suffering" refers to the physical pain and discomfort as well as worry, anxiety and embarrassment which results from the injury.

Disability or "loss of a normal life" experienced as the result of a car accident is compensable. Disability or "loss of a normal life" refers to the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life. The avid jogger who isn't able to exercise after suffering injury in a car accident may be entitled to compensation for his "loss of a normal life" or disability. The disability likely to be experienced in the future is also compensable if supported by the testimony of a physician.

Disfigurement suffered as the result of a car accident is compensable. This element of damage refers to the obvious damage to the body such as scarring, burns or amputation. The impact that such a condition has and will have upon the injured person is the basis of the claim. The location, size and visibility of the disfigurement impacts the degree of appropriate compensation.

A. Medical expenses can quickly mount when a person suffers injury in a car accident. The cost of emergency room care, physician charges, diagnostic testing, radiology charges, or surgery can create a financial burden. It is common for the expenses to cause anxiety as the bills are incurred.

The insurer for the other driver will not typically pay your medical expenses as they arise. Rather the expenses are considered one element of damage to be evaluated at the conclusion of the claim. The insurer cannot be counted on to pay the expenses in the meantime. Other sources of payment must be utilized until the claim may be concluded and the cost of the medical bills reimbursed.

A health insurance policy is one potential source of payment. We recommend that you promptly submit your medical bills to your health insurer as they are received. Submission of the bills promptly prevents the medical care provider from directing your bill to a collection agency. Second, many health insurance policies have time limits on the submission of claims. It is always preferable to proceed with a claim where the medical bills are paid rather than outstanding. If a dispute arises as to the obligation of your health insurer to pay bills caused by a car accident, a review of the terms of the policy may be necessary. Most health insurance policies provide benefits for treatment received as the result of a car accident.

Your auto insurance may also provide a means by which the medical expenses may be paid. Most auto policies provide "medical payments" coverage. The limit of medical payments coverage ranges from $1,000.00 to over $100,000.00 and is noted on the policy declaration page. Most auto policies provide that medical expenses will be paid until the limit of coverage is exhausted if the expenses are reasonable and necessary. Oftentimes the policy includes a time limit for the filing of a medical payments claim. A careful review of your auto policy is necessary to determine the terms of any medical payments coverage.

If your medical expenses are paid by your health or auto insurer, the insurer may be entitled to reimbursement if you are successful in recovering compensation from the other driver. Whether the insurer is entitled to reimbursement depends upon a careful review of the policy, the type of policy underwritten, the amount of compensation received and the status of the injured person. Discussing this issue in detail with a lawyer is oftentimes important.

If you do not have health insurance, auto insurance or the financial ability to pay the medical bills, you may still be able to receive the care you require. Some medical care providers are willing to treat a patient and forego immediate payment or collection proceedings if they are assured in writing that the medical bills will be paid at the conclusion of the litigation. This arrangement is not without risk. The medical expenses are not contingent on the litigation outcome. They are owed to the provider even if the litigation is unsuccessful.

A. A claim may be submitted to the other driver's insurer or to your insurer for the repair of the vehicle. Either insurer will evaluate the extent of the damage and determine the cost of repair. If the cost of repair exceeds the fair market value it is a "total loss" and a check in the amount of the fair market value of the vehicle will be paid. A check will be issued for the cost of repair if the car is not a total loss. There are critical differences between submitting the claim to the other driver's insurer or your own.

Your own insurer owes you a duty to treat you fairly and in "good faith". Many insurers offer their insureds a limited warranty for work performed to repair their damaged vehicle. The terms of your insurance policy define any such agreement. If your insurer pays for the property damage your deductible will be applied to the cost of the repair. Your insurer may then pursue recovery of the amount paid to repair or total your vehicle from the other driver's insurer. This is called subrogation. If successful, your deductible will be returned to you.

If a claim is submitted to the other driver's insurer, your deductible does not apply. However, the insurer does not owe you a duty of fairness and "good faith" and there is little remedy if the repairs are not satisfactory.

Determining who is at fault for a car accident involves an assessment of whether one or both the drivers were negligent. Negligence means the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not do under the circumstances.

The Illinois Motor Vehicle Code provides one means by which liability is determined. The Illinois Motor Vehicle Code applies to cars as well as motorcycles, bicycles and pedestrians. The conduct of any of the parties involved in a car accident must be reviewed within the context of the Illinois Motor Vehicle Code. For example, a driver may be liable for an accident even if he was obeying the posted speed limit if his speed was inappropriate given the weather or traffic conditions. A complete review of the circumstances surrounding the accident is required.

In determining fault for a car accident, police reports, witness statements, accident reconstruction as well as the Illinois Motor Vehicle Code may be useful.

The claims process typically begins with you or your lawyer advising the other driver's insurance company of a potential claim. It may also be important to advise your own insurance carrier of a claim so that medical payments, property damage and underinsured motorist or uninsured motorist claims may be established as needed. Many insurance policies require that you promptly notify your insurer when you are involved in a car accident so that steps may be taken immediately to begin the claims process.

A claim made with your own carrier is different than the process involving another driver's insurer. Your insurance company must treat you fairly and in "good faith". The defendant's insurance company does not have the same obligation. The claims process involving the defendant's insurer is contentious while the process involving your own carrier is meant to be more cooperative. Both insurers have the same interest in limiting the amount paid to a claimant.

Once your lawyer has advised the defendant's insurer that they will represent your interest, the insurer typically creates a claim file. The insurer often obtains a copy of the police report and may also speak with witnesses to the accident to better evaluate whether the insured driver was negligent. The same sources noted above including the Illinois Motor Vehicle Code, police report and witness statements are used to determine whether the insured driver was at fault.

Once the issue of liability has been addressed, the insurer will obtain a copy of medical records associated with the care you received after an accident. Although there is typically a plethora of activity at the beginning of a claim as the claim file is established and information is gathered, there may be some delay thereafter as you receive the medical care you require. It is imperative that a settlement demand not be made and the claim not resolved until after your medical condition is fully evaluated and treated. Only after an injury has resolved or plateaued is it appropriate to address the possibility of settlement. Once a claim is settled, it cannot be reopened. The resolution of a claim before an injury has been fully addressed is a mistake that is costly and not typically repairable. The appropriate time to attempt to settle a claim is an issue that must be addressed with your lawyer once your medical records have been received and reviewed.

Once your medical records and bills have been reviewed by the other driver's insurer, a settlement offer may be made if the insurer agrees that their insured driver was negligent. If the defendant's insurer disagrees on the issue of liability, litigation may be necessary. Similarly, if the insurer disagrees on the value of a claim, litigation may be necessary. The need for litigation and the costs associated with litigation should be discussed in the context of any settlement offer.

If litigation is necessary, the claim is typically assigned to a new representative within the insurance company. Negotiations may continue after a lawsuit is filed. An insurer's position regarding liability or damage may change once additional facts are learned during the litigation. Given the costs and risks of litigation, it is in the interest of both parties to continue evaluating the possibility of settlement throughout litigation. Oftentimes, a final attempt to settle a claim will take place on the eve of trial. Sometimes a trial date is the best way to prompt a full and fair evaluation of a settlement demand.

A. It is always advantageous for your medical expenses to be paid by your health or auto insurer. This eliminates the placement of medical bills in collection during the pendency of your claim or lawsuit. The fact that your health insurer, rather than you have paid for your medical expenses is not relevant to your right to recover medical expenses from the at fault driver. In Illinois, payment of medical bills by a health or auto insurer is not introduced to a jury at the time of trial.

Payments made by your health or auto insurer may be subject to a requirement that you repay the insurer for payments made on your behalf. Most health and auto policies provide that should you recover money from the person who caused the injury which required medical care, the insurer must be reimbursed for amounts paid on your behalf. There are however exceptions to the right to repayment. For example, an insurer may not typically assert a right to reimbursement against a minor child's recovery. The language of the insurance policy must be reviewed to determine the insurers right to recover payments made. This issue only arises in the event you are successful in obtaining compensation.

Even if the insurance company has a right to reimbursement, we are typically successful in reducing the amount to be repaid from the settlement proceeds. This issue must be addressed on a case by case basis after examining the medical expenses incurred and the language of the applicable policy.

A. Wages lost as a result of time missed from work following a car accident are compensable under Illinois law. Whether you were paid by your employer for the time missed either directly or under a policy of disability insurance is irrelevant. Such evidence is not introduced to the jury at the time of trial and is irrelevant to the claims process. However, as a health insurer must usually be reimbursed for benefits paid, a disability carrier may similarly have a right to reimbursement. The terms of the disability policy must be reviewed to determine whether the insurer is entitled to reimbursement.

Based upon National Highway Traffic Safety Administration Criteria, it is estimated that an alcohol related crash occurs every 32 minutes in the United States. Alcohol was involved in 15,935 deaths or 38.4% of traffic fatalities in 1998. Most states including Illinois have recognized the impact of alcohol use on the roadway and have responded by lowering the acceptable blood alcohol content for drivers. In Illinois, a person is considered intoxicated if their blood alcohol content is .08 or greater.

Illinois law provides a remedy against owners of businesses that sell liquor which causes intoxication. The Dram Shop Act provides that every person who is injured by any intoxicated person as a result of his intoxication has a claim against any person who sells or gives alcoholic liquor thereby causing the intoxication of the intoxicated person. Liability extends to lessors or owners of the business selling liquor but does not extend to private persons providing alcohol.

In order to succeed in a Dram Shop action against an allegedly intoxicated driver, the plaintiff must prove the following:

• The defendant was intoxicated at the time of the collision;
• The defendant, his agents or employees sold or gave intoxicating liquor consumed by the intoxicated person;
• The liquor caused the intoxication of the intoxicated person;
• The defendant's intoxication was at least one cause of the occurrence in question;
• As a result of the occurrence, the plaintiff suffered injury or damage to his property.

A person is "intoxicated" when as a result of drinking alcoholic liquor there is an impairment of his mental or physical faculties so as to diminish his ability to think and act. "Alcoholic liquor" includes any liquid or solid containing alcohol such as beer, brandy, wine, rum, whiskey or gin. "Alcoholic liquor" does not mean or include any solid or liquid which contains 1/2 of 1% or less of alcohol, by volume.

Several defenses are available to a defendant in a case brought under the Dram Shop Act. If a jury finds that a plaintiff did any of the following then the plaintiff cannot recover damages under the Dram Shop Act:

• willingly encouraged the drinking which caused the intoxication of the intoxicated defendant;
• Willingly caused the intoxication of the intoxicated defendant;
• voluntarily participated to a material and substantial extent in the drinking which lead to the intoxication of the intoxicated defendant;
• provoked the conduct of the intoxicated defendant which caused the injury.
• actively contributed to or procured the intoxication of the intoxicated defendant;

Although the Dram Shop Act provides a cause of action against liquor licensees who distribute alcohol, the amount of damages which can be collected are limited by statute. The Illinois legislature established that recovery for injury to person or property cannot exceed $45,000. A limit of $55,000 for either loss of support or loss of society resulting from death or injury was also provided. On January 20 of each year, the liability limits are automatically increased or decreased by a percentage equal to the percentage change and the consumer price index during the preceding 12 month calendar year. The limits of recovery under the Dram Shop Act therefore vary from year to year.

In addition to an action under the Dram Shop Act, an injured person also has the right to pursue a claim against the driver for his negligence. Illinois does not cap the damages that may be recovered in that regard.

A. As a passenger in a vehicle driven by an intoxicated driver, you may have a cause of action against the liquor licensee who provided the intoxicating liquor. The passenger's knowledge regarding the intoxication of the driver is always a critical issue. Whether it was apparent that the driver was intoxicated at the time the passenger entered the vehicle is frequently a focus of the inquiry. Entering a vehicle operated by an intoxicated driver may constitute contributory negligence. However, as long as the contributory negligence is less than 50% of the total amount of fault, recovery is possible. The individual circumstances of each accident including the conduct of the passenger must be evaluated to determine the issue of liability.

A. Our firm offers a free case evaluation either by phone or in person. The case evaluation involves a review of the circumstances surrounding the accident, the injury suffered and the likelihood of success. This typically includes an interview with the potential client, and if necessary a review of the applicable medical record and documentation such as the Illinois Traffic Crash Report. The case evaluation provides the information necessary for the prospective client to assess whether they need a lawyer and to address the manner in which our firm may be of assistance. There is never an obligation to retain our firm or pay for the time spent discussing your case.

A. Most clients are interested in knowing the length of time it will take to resolve their claim. The amount of time required depends greatly upon the nature of the injury suffered, the course of medical care received as well as the need for litigation.

A. The Illinois Vehicle Code as well as the Municipal Code in most municipalities addresses the rights and duties of a bicyclist. The Illinois Vehicle Code provides that traffic laws apply to every person riding a bicycle upon the roadway. The bicyclist is granted all the rights and has all of the responsibilities applicable to the driver of a vehicle. In other words, stop signs, yield signs and other traffic signals are to be followed by bicyclists.

A. The Peoria area Municipal Code as well as most other local Municipal Codes provide that no person shall ride a bicycle upon a sidewalk within a business district. This includes children. The Code further provides that no persons 12 or more years of age shall ride a bicycle upon any sidewalk in any district, unless the sidewalk has been designated and marked as a bicycle route. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders must use the path and not the roadway.

The specific location where the collision occurs is critical. If the collision occurs not on the sidewalk but within the street or alley where a sidewalk ends, the provision of the Municipal Code may not be applicable. If the bicyclist falls and suffers injury as the result of a defect within the sidewalk itself, liability is unlikely given the provisions within the code. Issues regarding visibility, speed and the conduct of the driver of the motor vehicle must also be assessed.

A. The Municipal Code provides that no person shall operate a bicycle at a speed greater than reasonable and prudent under the conditions. Whether a bicyclist is speeding therefore depends upon a review of the location of the conduct, condition of the roadway and the condition of traffic. The impact of the bicyclist's speed varies greatly from case to case.

A. Bicyclists involved in motor vehicle accidents oftentimes suffer severe personal injury. The extent of the liability coverage underwritten on behalf of the defendant driver is therefore important. The coverage underwritten on behalf of the driver may or may not be sufficient to satisfy the compensatory value of the injured bicyclist's claim. If the insurance coverage underwritten on behalf of the defendant driver is insufficient to fully compensate the injured cyclist's claim, it is important to look at all potential sources of coverage. Whether the bicyclist owns an automobile and the limits of coverage underwritten by that carrier must be considered. Some automobile policies are more broad than others and may cover the insured while riding a bicycle. Underinsured motorist coverage may therefore be available. The language of the applicable policy must be reviewed to make a determination regarding coverage.

A. Illinois law grants pedestrians the right-of-way at all crosswalks. Drivers of a car or truck must yield the right-of-way to pedestrians within a crosswalk, slowing down or stopping if needed to yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling. A car or truck driver must also slow or stop his vehicle as needed when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

The obligation of a driver of a car or truck to slow or stop his vehicle in response to a pedestrian does not apply when the pedestrian is crossing between adjacent intersections at which traffic control signals are in operation.

Illinois law provides that no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard; this law applies even when a crosswalk is present.

Illinois law further governs the conduct of a driver entering an intersection controlled by stop signs or flashing red signals that also bears a crosswalk. Drivers of cars or trucks must stop before entering the nearest crosswalk and pedestrians within or entering the crosswalk at either edge of the roadway have the right-of-way over vehicles that are stopped. The protection that is provided by the Illinois Motor Vehicle Code for pedestrians crossing at an intersection with crosswalks is substantial.

A. The law recognizes that not every intersection provides marked crosswalks. Pedestrians crossing at an intersection within an unmarked crosswalk have the same rights as those pedestrians at intersections with marked crosswalks. Drivers of cars or trucks must yield the right-of-way to pedestrians when they are crossing at an intersection with a marked or unmarked crosswalk.

A. The Illinois Motor Vehicle Code provides that every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to the vehicles upon the roadway. This provision does not allow drivers to ignore the presence of pedestrians on the roadway. Rather, Illinois law provides that every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon the roadway. Drivers are also required to give warning by sounding the horn when necessary and must exercise necessary precaution upon observing any child or any incapacitated person upon a roadway. The issue of whether the driver of a vehicle or a pedestrian violated the Illinois Motor Vehicle Code in crossing a roadway is an issue for a jury to decide.

A. If the driver of a motor vehicle is uninsured and strikes a pedestrian causing him injury, the pedestrian may be entitled to uninsured motorist benefits through their own insurance carrier. Many people do not recognize that their automobile insurance coverage may provide coverage in this situation. Automobile policies provide uninsured motorist benefits for their insureds who suffer bodily injury caused by an accident that arises out of the ownership, maintenance or use of an uninsured auto. It oftentimes does not matter whether the injury was suffered while the insured person was a pedestrian or occupant of a vehicle. Whether you are entitled to uninsured motorist benefits depends upon careful review of your insurance policy and the circumstance surrounding the collision and the nature of the injuries suffered.

A. A pedestrian who suffers injury as the result of an underinsured motorist may be entitled to benefits pursuant to their own underinsured motorist policy. Most automobile policies provide underinsured coverage similar to the coverage described above. Such coverage protects you when the insurance of the driver is more limited than the coverage you purchased through your own insurer and the compensatory value of your claim exceeds the limits of the other driver's policy.

An example of an underinsured motorist claim is as follows:

Jeb Walker is struck by a car in a crosswalk. Jeb Walker suffers a broken leg. Jeb Walker seeks compensation from driver's insurer whose policy is limited to $20,000.00. Jeb Walker is insured by a policy with a limit of $100,000.00. Jeb Walker may be entitled to the $20,000.00 policy limit from driver's insurer and an additional $80,000.00 payment pursuant to his own underinsured motorist coverage.

Whether you are entitled to underinsured motorist benefits depends upon careful review of your insurance policy, the policy of the driver, the circumstance of the collision and the nature of the injury suffered.

A. A number of factors must be assessed in determining whether the driver of a car or truck is at fault for striking a pedestrian and causing injury. The statements of the Kurtnd pedestrian as well as any witness statements can be critical. Physical evidence including the degree and location of damage the car or truck sustained must be analyzed. The markings on the roadway such as skid marks may also be useful. Depending upon the nature and extent of the injuries the pedestrian suffered, the investigating police department may complete a reconstruct the accident. This oftentimes provides useful information detailing the resting point of the pedestrian and vehicle, the physical evidence at the scene and a collection of witness observations. If such a reconstruction was not performed, our firm has on occasion retained an accident reconstructionist to perform an independent evaluation. The need for such an evaluation depends upon the evidence at issue in each case.

A. Many of the issues involved in trucks striking pedestrians are the same as those described above. The Illinois Motor Vehicle Code applies to both car and truck drivers. As noted in the Truck Accident section of this website, truck driver conduct is highly regulated and raises issues different than the common car accident. For example, professional trucking associations as well as the Federal Highway Administration and U.S. Department of Transportation have published a Commercial Vehicle Preventable Accident Manual which addresses countermeasures for truck operators. The Guide provides methods to limit the number of truck accidents including those with pedestrians. The countermeasures include the following:

• The difficulty seeing pedestrians when operating a tractor trailer at night;
• Equipment issues including broken mirrors, loose mountings, horn operation and adequate indirect vision devices;
• If the tractor trailer is not turned widely enough, it may run onto the sidewalk striking a pedestrian;
• The truck driver must consider that it is difficult for pedestrians to correctly judge how fast a tractor trailer is approaching;
• Pedestrians oftentimes walk or stand in blind spots in front of and to the right of a tractor trailer thereby requiring the operator to scan around the vehicle thoroughly when pedestrians are present.

In addition to these considerations, the manner in which the truck was loaded, the qualifications of the truck, the condition of the vehicle must be assessed. A thorough review of the driver's conduct is necessary to determine a pedestrian's right to compensation for injuries suffered.

A. If the other driver who caused the accident is uninsured, you may be able to obtain compensation through your own insurer. Most automobile insurance policies provide uninsured motorist coverage. This coverage protects you when you are injured by a person who fails to carry insurance. An uninsured motorist claim is governed by the terms of your policy. The recovery of compensation is limited to the amount of insurance coverage purchased. The amount of insurance coverage purchased is reflected on the declarations page. A sample declarations page is provided below. On the declarations page below, the limits of uninsured motorist coverage underwritten by State Farm Insurance Company totals $250,000.00. It is important to review the declarations page as well as the complete policy to determine the terms and amount of coverage available.

A. You may be entitled to compensation from your own insurer under your underinsured motorist coverage. Most automobile policies include underinsured motorist coverage. Underinsured motorist coverage protects you when the insurance of the other driver is more limited than the coverage you purchase and the compensatory value of your claim exceeds the policy limit of the at fault driver's policy.

A. Kurt is involved in a car accident which is the fault of Silly Sam. Kurt suffers a broken leg and broken wrist. Kurt seeks compensation from Silly Sam's insurer whose policy is limited to $20,000.00. Kurt carries underinsured motorist coverage with a limit of $100,000.00. Kurt may be entitled to the $20,000.00 policy limit from Silly Sam's insurer and an additional $80,000.00 pursuant to his own underinsured motorist coverage.

The limits of underinsured motorist coverage are noted on the declarations page. A sample declarations page is provided below. The limits of coverage underwritten by State Farm Insurance Company on the sample declarations is $250,000.00. It is important to review the declarations page as well as the complete policy to determine the terms and amount of coverage available.

In an underinsured motorist claim, the first question is what coverage was provided by an insurer on behalf of the at fault driver. Once the limit of coverage is confirmed, an underinsured motorist claim may be pursued. Typically, the underinsured motorist claim does not proceed until after a recovery has been made from the at fault driver's insurer.

A. If the insurance coverage of the injured party and the at fault driver is the same, an underinsured motorist claim does not apply. There are certain exceptions to this general rule depending upon the policy language. A thorough review of the policy is necessary to determine whether one of the narrow exceptions that would provide additional coverage applies.

A. You pay a premium to your insurer for uninsured/underinsured motorist protection. This coverage is designed to compensate you for the injuries suffered at the hands of a driver who did not carry enough insurance given the injuries you suffered. Although you may feel as though it is the at fault driver's insurer who should pay, that insurer's obligation is limited to the policy limit. If that policy limit is insufficient to fully compensate you for the injuries suffered, the only avenue for recovery may be your own insurance policy. Given the payment of the policy premium which includes a specific payment for uninsured/underinsured motorist benefits, you are merely utilizing a service you paid for each month that the policy was in effect.

A. The vast majority of insurance policies underwritten in the State of Illinois include uninsured/underinsured motorist coverage. The Insurance Code provides that no policy insuring against a loss resulting from a liability shall be renewed or delivered or issued for delivery in Illinois unless uninsured motorist coverage as required by the Insurance Code is included in an amount equal to the insured's bodily injury liability limits. The only exception to this is when the insured specifically rejects uninsured/underinsured motorist coverage. If uninsured/underinsured motorist coverage is rejected, the applicant must sign or initial the indication of rejection.

The declarations page and terms of the policy must be reviewed to determine the extent and limits of coverage underwritten

A. This is a question that is asked by many potential claimants. The answer is that your premium should not increase. Premiums can be increased by insurers for a variety of reasons including multiple moving violations and "chargeable" accidents. A "chargeable" accident is one in which you are "at fault" and results in a payment on your behalf. One who recovers uninsured motorist benefits is not typically the "at fault" Kurtnd the accident is not therefore "chargeable". Your insurance policy premium should not therefore increase on the basis of the filing of an uninsured motorist claim.

This does not mean that your carrier may not increase your policy for other reasons at the time of your renewal. No promise can be made that your premium will remain the same. The decision to pursue an uninsured or underinsured motorist claim does not typically impact the premium paid.

A. The uninsured or underinsured coverage purchased for your car may apply. The first coverage which is typically at issue is that which applies to the vehicles involved in the collision. If the "at fault" driver was not insured or not sufficiently insured to cover the losses incurred, a passenger's uninsured or underinsured motorist coverage may apply. A review of the applicable insurance policies including your coverage and the coverage of the at fault driver is necessary to make a determination in this regard.

A. The terms of your insurance policy control the circumstances in which your uninsured/underinsured motorist coverage applies. Most automobile policies provide uninsured motorist coverage for bodily injury caused by an accident arising out of the ownership, maintenance or use of an uninsured auto. This may include injuries suffered while a pedestrian or riding a bicycle if the cause of injury was caused by the operation of an uninsured or underinsured motor vehicle. The terms of the insurance policy must be reviewed to determine whether coverage applies in a particular case.

A. Your uninsured motorist coverage may apply to a hit and run accident that causes injury. Most uninsured motorist coverage applies to hit and run accidents that cause bodily injury. However, most policies require physical contact with the insured person or with a vehicle occupied by that person. In other words, uninsured motorist coverage does not typically apply when an unidentified vehicle cuts in front of but does not strike your vehicle causing the loss of control and resulting injury. Some policies allow an uninsured motorist claim even in the absence of physical contact. The language of the applicable policy must be reviewed.

Some automobile policies require that the hit and run accident be reported to police within 24 hours. Oftentimes the policy requires that the insurer be notified of the loss within 30 days. Many policies also require that the vehicle involved in the accident be made available for inspection so that a point of contact may be identified. Additional requirements may be included within the policy and should be examined immediately following a hit and run accident.

A. Uninsured/underinsured motorist claims do not involve trial by jury. Uninsured/underinsured motorist claims are based upon your insurance policy which is a contract. If you are unable to agree with the insurer on the value of the uninsured/underinsured motorist claim or whether you are entitled to benefits, the policy controls the manner in which the suit is settled. Most policies provide for the arbitration of the dispute. This involves either one or three lawyers or judges evaluating the issues of fault and claim value. Many polices provide that the claimant choose one arbitrator, the insurer a second and the two arbitrators select a third. Arbitrations are typically less expensive than litigation and trial. They also oftentimes can be resolved more quickly. The cost to the parties of the arbitration varies depending upon the number of arbitrators, their individual charges and the terms of the policy.