Arguments are appropriate for the dinner table, but not on the road. In fact, the only “winner” of such an argument, which constitutes distracted driving, could be the plaintiff who files a lawsuit in response to a resulting traffic accident. If you were injured by a driver who was busy winning an argument while he should have been watching the road, you might have a personal injury claim under Illinois law.
Illinois distracted driving laws specifically prohibit certain activities, such as using a hand-held electronic device while driving, and using a any device if you are under 19. That doesn’t mean you are safe as long as you were arguing with a passenger rather than arguing over the phone – however you could be found negligent even without any specific prohibition against “arguing while driving.” Proving the negligence of a driver who was arguing immediately prior to an injury accident is no slam-dunk. Even if he was breaking the Illinois prohibition against using a cellphone while driving, he might still be able to prove that his conduct was not negligent even though it was illegal. It all depends on the specific facts surrounding the accident.
Winning a personal injury claim, whether in or out of court, can be tricky. Every case is a unique blend of facts and legal nuance, and winning a claim with favorable facts is like winning a hand of poker with a good hand – a lot depends on how you play your cards. At Malman Law we have been helping injured victims win compensation for 23 years now, and our track record speaks for itself:
“This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!” – Cheryl Wagemann Steve and Kelly were great! The entire process moved much faster than we thought it would. We received a nice size settlement. I would highly recommend Malman Law! – Susan
Car Accidents: Someone dies in a Chicago car accident nearly every other day, and it is only a rare day that several people aren’t seriously injured on Chicago roads. Some of these injuries can be attributed to the victim’s own error. Most of the rest are the fault of someone else, resulting in a valid personal injury claim.
Wrongful Death: The death of a personal injury victim transforms a personal injury claim into a wrongful death claim. The right to file a claim is transferred from the deceased victim to his probate estate executor, and the right to receive damages is transferred from the victim to the victim’s probate estate and next of kin.
Cell Phone Accidents: Talking on a cell phone while driving on an Illinois road can get you a traffic ticket. The real danger, however, is causing an accident that way — something that is 23 times more likely to happen if you’re using a cell phone than if you’re not. Unfortunately, this is something that happens every day in Chicago. Although using a cell phone while driving does not add up to automatic negligence, it is strong evidence of negligence.
Motorcycle Accidents: If mothers ruled the world, motorcycles would probably be illegal. They are still legal, however, and they are probably the most dangerous vehicles on the road. A motorcycle’s lack of frame protection and low visibility combine to frequently produce serious and even fatal accidents.
Truck Accidents: Truck accidents can be horrific, and personal injury damages can run into five- and even six-figure sums. If the accident appears to have been caused by the truck driver, the attorneys representing the other party will typically check to see if it can be traced to the violation of one of the hundreds of trucking regulations that govern the operation and maintenance of commercial trucks..
Underinsured Driver Accidents: Merely “having insurance” might not be enough to secure full compensation for a traffic accident. Illinois minimum coverage requirements are so low that the at-fault driver’s insurance may not be able to fully compensate the victim. Fortunately, alternative sources of compensation exist in certain circumstances.
Train Accidents: Chicago’s commuter rail system adds tremendous convenience and economic value to the city. With so many miles being traveled every week, however, accidents are bound to happen. When they do, injured parties are entitled to full compensation regardless of whether the accident was caused by the operator, the condition of the train or the tracks, a pedestrian, or another vehicle.
Other Personal Injury: Any injury to a person that is caused by the misconduct of another person can be characterized as a personal injury claim, regardless of whether the misconduct was intentional (a “road rage” assault), reckless (a DUI accident), or merely negligent (distracted driving). Just because your type of accident was not listed above doesn’t mean you don’t have a personal injury claim.
Frequently Asked Questions