Legal Question in Personal Injury in Illinois

Car accident injury what are our rights?

Family of 5 2 adults, age 8, 5, and 5 months hit broadside by commercial vechile. Driver was ticketed for failure to reduce speed to avoid accident and not having a DL on person. What are our rights? On our way to a vacation and unable to leave next day, children afraid to get into the car. Back injures to adults, loss of vacation time. Can a history be done to check the inspection of the vechile, driver stated that he had no brakes. Had to rent a car and the vechile is most likely totaled. Have to replace vechile and car payment will increase....


Asked on 7/09/03, 8:07 pm

6 Answers from Attorneys

Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Car injury what are our rights?

You have the right to pursue a claim against the other driver and his company for all of your damages. Please feel free to contact my office at 312-367-1431 if you would like a free consultation.

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Answered on 7/09/03, 10:37 pm
Roger Malavia The Malavia Law Firm

Re: Car accident injury what are our rights?

You have a potentially successful personal injury claim. You simply need to find competent and responsive lawyers. We would be pleased to offer you a free consultation with our attorneys.

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Answered on 7/09/03, 10:46 pm
Spencer Farris The S.E. Farris Law Firm

Re: Car accident injury what are our rights?

First things first- the two tickets will help you in your claim, the one for failure to control the vehicle being much more helpful than the technical "no Drivers license" ticket.

I wouldn't worry too much about the "no Brake" claim. A driver and vehicle owner are responsible to keep the vehicle in safe operating condition.

Your family is entitled to recover two kinds of losses: economic and non-economic. The first group includes medical bills, repair to vehicle, lost time from work (or vacation time in your case) and other out of pocket costs. The non-economic losses include pain, suffering, inconvenience, and lost enjoyment of life. Putting a value on the first group is much easier than the second! I echo some of the other sentiments- select an attorney and do so carefully.

As for coverage, there shouldn't be a problem there, if it is a commercial vehicle. Make sure and submit your medical bills to your own health insurance, and don't give a statement to anyone until you have consulted with an attorney.

If you have other questions, call or email for a free, no obligation consult.

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Answered on 7/09/03, 10:56 pm
Robert Harlib Robert S. Harlib, Attorney At Law

Re: Car accident injury what are our rights?

You have a right to recover for medical bills. pain and suffering, rental of temporary vehicle and damage to your car and lost time from vacation. The statement by driver that he had no brakes is an admission against his own interest and important to your claim.

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Answered on 7/10/03, 9:35 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: Car accident injury what are our rights?

You have many rights of which suing for your damages is the main one. Do not speak to anybody or make any statements until you consult with a lawyer. Your damages seem extensive enough that you should really get a lawyer. Insurance companies do not settle as easily as they once did and that's where an attorney's knowledge is important. Find an attorney you are comfortable with and get started because it can be a long process.

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Answered on 7/10/03, 1:59 pm
Nima Taradji Taradji Law Offices

Re: Car accident injury what are our rights?

You have the right to get compensated for all damages that reasonably flow from the negligence of the other driver. Any reasonable and necessary medical care, any wage loss, any out of pocket expenses, and any other provable losses you have sustained, and of course your property damage.

If the other driver was driving a company car, then his company is the responsible party. They are the ones who will be responsible to pay for your damages, not the driver. Whether the driver received a ticket or not, unless he pleads guilty to the ticket, will not come in as evidence in a civil proceeding. Your best bet is to make sure you document all your loss and be VERY VERY careful when talking to the insurance adjusters. They are fraudulent, un-ethical individuals who have sold their souls to the insurance company for which they work. They have no problem short changing you and yours in a drop of a hat. You MUST be careful what you tell them and whether what you are saying to them is being recorded. If, as you say, the brakes did not work, rest assured that they will try to use that to their advantage by reasoning that there was no negligence. Or they will try to turn the table on you and tell you that you were not paying attention or were driving too fast yourself and so you should take on some percentage of the responsibility. Of course, all that is nonsense, but that is the nature of the insurance companies.

My advice: you should have an attorney who knows how to deal with these snakes handle you case.

I hope this helps,

Good luck,

Nima Taradji

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Answered on 7/09/03, 9:19 pm


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