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Getting in an Accident with an Uninsured Driver
For things not required by law, we purchase insurance as a safety precaution. That being said, liability car insurance is mandatory in 49 out of 50 states. Getting into a car accident with someone who is uninsured may be concerning, but it does not mean that you will not be paid.
What Is Liability Car Insurance?
When someone is found at fault for a car accident, it is the at-fault driver's automobile insurance company that pays the affected party. Each state has their own minimum rates of protection that drivers must reach. In Illinois, are minimums are as followed:
- Death or injury of one person - $25,000,
- Death or injury of multiple people - $50,000,
- Property damage - $20,000.
This insurance helps cover the medical expenses and lost wages of people injured in an accident, as well as your legal fees if you are sued.
Despite it being illegal to be on the road in Illinois without car insurance, the Insurance Research Council reports that 1 in every 8 drivers operates a vehicle without it. Car insurance is expensive, and it may feel like your best interest to avoid it. However, a person found without insurance will be subject to fees, have their license suspended, have their vehicle impounded, and be responsible financially for any accidents by their fault.
Who Is at Fault in a Pedestrian Accident?
When getting in an auto accident, it is easy to blame the other person for what happened. The blame may feel more justified with another car or vehicle, but when a pedestrian is hit, the driver can feel villainized. However, just because a person was on foot instead of driving a car, does not mean that they can not be found responsible for an accident.
Pedestrian Accident Statistics
Cook County alone had 155,935 motor vehicle crashes in 2015. According to the Illinois Department Of Transportation, 146 out of 5,050 car accidents in the same year involving a pedestrian in Illinois, were fatal. The majority of the remainder resulted in injury.
Auto accidents are not often straightforward, but here are two examples of when a pedestrian would, or would not, be at fault for an accident.
- A person jaywalking, or otherwise crossing the street at an unsafe time, may be held responsible for an accident. Any driver going at a reasonable speed within the area would not be held accountable for a person stepping in front of their car, and not being able to stop in time; or
Car Accidents with Rideshare Services
Services like Uber and Lyft have changed the way we get around. Instead of needing to hire a taxi company with hidden fees, you get a price upfront depending on your city, location, and where you are trying to go. It is a great resource whether you have a car or not, for example, if you drive to a bar and drink too much, a rideshare service can get you home safely. However, once back in your own car, what happens if you get into a car accident with a rideshare driver?
Unlike a person driving his or her car for leisure, a rideshare driver is guaranteed to have car insurance - it is a requirement. When with a passenger in the car, or on the way to pick up a passenger, there is additional coverage provided by the rideshare company. Uber, for example, provides a $1,000,000 minimum for liability coverage, and the same amount to protect their driver, and any passengers, if the people in the rideshare are not at fault and the other party has poor or no insurance. Rideshare drivers not interacting with the app are covered by their own insurance only.
The University of Chicago and Rice University researchers have found that fatal injuries spiked after Uber or Lyft was launched in a city. Rideshare companies offer incentives for their drivers to complete more trips, and this can cause dangerous competitiveness because there is no limit of how long a driver can complete trips for. A driver may become overtired trying to earn a badge or reach a goal, instead of calling it a night.
It may not be obvious at first if you have been in an accident with an Uber or Lyft driver, Â especially if they are in the middle of a trip, but you will want to react similarly to a car accident with anyone. First, call the police if you are able. Having a police report will be important when filing an insurance claim. After calling, gather as much information as you can. Get the insurance and contact information of everyone in the other car, including passengers. If there were any witnesses to the accident, get their contact information as well. Take pictures of the accident and any bodily harm to yourself.
Contact an Orland Park Car Accident Attorney
Getting in a car accident with a rideshare driver can complicate your ability to get the compensation you deserve after an accident. These cases can uncharted territory due to the new technology. Contact an experienced Orland Park car accident attorney today to handle your accident with an Uber or Lyft Driver. Set up a free consultation by calling our office at 708-966-2408.
Pedestrian Accidents in Illinois
Even while taking safety precautions as a pedestrian, it is still possible to get hit by a car or truck. In the United States, there were just under 6,000 pedestrian deaths in 2017. Although this was a decrease from the years prior, it is estimated that a pedestrian died every 88 minutes as a result of a pedestrian accident in the same year. Many more have been injured as a result of getting hit by a car. A pedestrian has little outward protection from a vehicle hitting them on the road. Head trauma, broken bones, or spinal damage are possible injuries a pedestrian can face. When faced with an auto-pedestrian accident, it is important to know your rights.
Getting hit by a car can be a traumatic experience. After a pedestrian accident, it is important to make your safety a priority. If possible, remove yourself from immediate danger such as in the middle of the road. If your injuries are too severe, try to get assistance in order to move or have a safety warning until authorities arrive. Once safe, call 911 to report the accident. This will alert the police to come to the scene of the accident to begin an accident report. Statements will be taken from yourself and the driver. If you are able, take photographs of the scene, including your injuries. The more information you can gather, the more it can help your case when filing an insurance claim.
Who Is Responsible for a Pedestrian Accident?
Pedestrian accidents can be fatal and it may seem obvious who is at fault for the accident, Illinois law may see it a different way. Although pedestrian deaths were down from the year prior, 5,977 people in the United States lost their lives due to being hit by a car.
As a fault state, Illinois breaks down damages by whose fault the accident was. When it comes to pedestrian accidents, it breaks down to who has the right of way. This is the legal right for a vehicle or pedestrian to proceed first when on the road. For example, at a four-way stop, the first driver to arrive at the intersection has the right of way, and then the driver to the right then has the legal right to cross.
There are two opportunities where a pedestrian can be hit while crossing the street - in a crosswalk and outside a crosswalk. Crosswalks are the safest point for people to cross, and pedestrians are often given the right of way - but that does not mean that a pedestrian cannot be blamed for an accident in a crosswalk. It is unlawful to cross in front of a moving vehicle close enough to cause danger to yourself and the driver. If there is no light system, then drivers must yield to pedestrians crossing the street in the crosswalk if the people on foot are halfway, or further, across the road. Drivers behind a stopped vehicle at a crosswalk may not lawfully pass.
Making an Insurance Claim After an Accident with an Uninsured Driver
Getting into a car accident is stressful enough, but what happens when there is an uninsured driver involved? Every car owner is required by law to have a certain coverage of liability insurance, however, one out of every eight drivers attempts to avoid responsibility. They may go unnoticed on the road until they are pulled over, or get into a car accident. An uninsured driver may have even had the proper insurance at one time, but canceled due to financial reasons. But, no matter the reasons, it is still possible to get into an accident with an uninsured driver.
What Are the Insurance Requirements in Illinois?
Every state has his or her requirements for the amount of coverage an insurance policy has. Illinois has the following minimum requirements:
- Property damage: $20,000
- Death or injury of one person: $25,000
- Death or injury of more than one person: $50,000
Types of Car Accident Injuries
It is impossible to get through life without getting injured at some point. An injury may be mild and solved with a band-aid, but on the other hand, a serious injury can put a person out of work for a significant amount of time. Due to the size and force of automobiles, a car accident could put a victim in this situation. The good news is, when a person is significantly injured by someone else, they have been eligible for compensation through a personal injury lawsuit.
Personal injury has a wide umbrella of circumstances behind it. A patient who is injured by their doctor may be eligible, or a consumer who got hurt because of a faulty product. The key, in any case, is proving negligence. This is when an individual or company is liable because of their actions. Regarding car accidents, a person who was drinking under the influence, speeding, or otherwise driving recklessly, may be considered negligent in the event of a crash.
Top Causes of Pedestrian Accidents
While walking to work or going for a run, a person traveling by foot in close proximity to the road is considered a pedestrian. Most destinations require some walking, even if a person drives, so It is almost impossible to avoid being a pedestrian at one time or another. Unfortunately, this health and environmentally conscious form of transportation still has the potential for an accident, and like car and truck accidents, there are common causes.
The United States Department of Transportation reported in 2017 that there were 5,977 pedestrians killed in traffic accidents. Every 88 minutes it is estimated that a pedestrian dies as the result of getting hit by a motor vehicle. According to the same data, a pedestrian accident is most likely to happen in an urban area outside of an intersection at night. The highest percentages of accidents happen after the sun goes down, time depending on the season.
Filing a Claim Against Uninsured or Underinsured Motorists
We get insurance for a variety of reasons. It is a financial investment toward risk management. People will insure valuables, their health, or even other people for worst-case scenario situations. Not every insurance situation will cover 100% of damages, but they will lessen the financial burden after an illness, death, or stolen item. In Illinois, automobile insurance is required by law. When a car accident happens, it is the party that caused the accident’s responsibility to provide compensation for damaged property, medical bills, or pain and suffering. An insured driver will have assistance with this, but what happens when crashes involve uninsured or underinsured motorists?
What Are the Minimum Insurance Requirements?
There are minimum requirements for all auto drivers in the state of Illinois. All drivers are required to be insured at a minimum of the following:
How a Personal Injury Attorney Can Help After a Car Accident
After getting into a car accident, there are many things a person must do to get their life back to normal. An insurance claim must be filed, their car may be out of service, and time may be required to heal from injuries. Even a car accident with minimal damage and no injuries requires significant efforts, so what happens after a serious car accident where negligent activity makes you a victim?
Has Negligence Increased?
According to the United States Department of Transportation, car accident fatalities overall rose in Illinois last year. In fact, they have been gradually rising over time. Relaxed seat belt regulations and increased speed limits may be partially to blame, but variant degrees of negligence is the most probable cause for a rise in car accidents. Distracted driving has always existed, but technological advancements have created new distractions. Touching a cell-phone while driving in Illinois is illegal, and these distracted drivers can cost someone their life.
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9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
