The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as a combination of moving traffic violations that shows a willful disregard for the safety of others. While road rage is usually the most well-publicized type of aggressive driving, it is not the only type of aggressive driving behavior that people commonly engage in.
If you or someone you love is in pain and suffering because of an aggressive driver, you have the right to hold them liable for your damages. You are not alone in this either.
A Chicago aggressive driving accident lawyer can help you by gathering evidence and building a strong case. They can also negotiate with the defendant’s lawyer, pursuing compensation to the fullest extent of your injuries.
For a free, no-risk review of your case, call the Pintas & Mullins Law Firm today. We work on a contingency fee basis only, which means you never have to come out of pocket for our help with your case. We receive our payment if, and only if, we succeed with your case. Contact Pintas & Mullins Law Firm today at (800) 794-0444.
Types of Aggressive Driving Behavior
When most people hear of aggressive driving, their minds automatically go to the image of a driver yelling or laying on their horn in a rage. However, this is not the only type of aggressive behavior that drivers engage in, or even the most common.
The Insurance Information Institute (III) reports that some behaviors that are associated with aggressive driving include:
- Driving on the shoulder of the road illegally.
- Following a car too closely.
- Darting in and out of traffic.
- Passing in areas where passing is prohibited.
- Failing to yield right of way to other cars.
- Running stop signs or traffic lights.
- Failing to use signals.
- Failing to comply with posted warnings.
- Operating a vehicle in a manner that is reckless or erratic.
Speeding is a behavior that has always been and continues to be problematic. According to the NHTSA, speeding has been a factor in one-third of all fatal collisions for over 20 years.
Unfortunately, when drivers speed, they reduce their ability to react in time to avoid a collision. They also increase the severity of the crash and the likelihood of severe and fatal injuries. If any of these behaviors caused your accident, you can discuss your case with a lawyer and see what kind of compensation you can get.
Types of Injuries That Can Occur in an Aggressive Driving Accident
Because aggressive driving accidents often involve speeding and other reckless driving behaviors, the injuries that occur as a result of these accidents are often severe. Some of the possible types of injuries include:
- Traumatic brain injuries: The Centers for Disease Control and Prevention (CDC) reports that motor vehicle accidents are the second leading cause of hospitalizations due to traumatic brain injuries. These injuries can impair thinking, movement, emotional functioning, and even sensation.
- Internal bleeding: Traumatic injuries like those that occur in a car accident can damage the organs or brain, causing severe hemorrhaging. These injuries can rapidly become life-threatening, potentially leading to organ failure, seizures, coma, and possibly death.
- Spinal cord injuries: Spinal cord injuries are often life-altering for the victim. Most people with this type of injury require wheelchairs and other assistive devices to cope with the loss of mobility that often accompanies an injury to the spine.
- Fractures: Broken bones are common in a car accident because of the immense force of the impact. While most broken bones can heal fine with treatment, if the broken bone pierces the skin, complications can arise. It is important for these victims to receive immediate medical attention.
A Chicago aggressive driving accident lawyer can help you pursue compensation for any of these injuries or others you may be suffering as a result of an accident. Contact the team at Pintas & Mullins Law Firm today for a free review of your case.
For a free legal consultation with a aggressive driving accidents lawyer serving Chicago, call (800) 794-0444
Laws That Could Impact Your Claim
There are two laws that you should be aware of: the Illinois statute of limitations and the legal doctrine of modified comparative negligence.
Statute of Limitations
According to Illinois Statute § 735 ILCS 5, there is a two-year statute of limitations for personal injury or wrongful death claims. That means if you do not file your claim pursuing compensation for your losses within two years of the date of the accident or from the date of your loved one’s death, you are typically barred from recovering any amount of compensation.
Modified Comparative Negligence
The other legal doctrine you should be aware of is comparative negligence. Comparative negligence is a rule that allocates damages after an accident based on liability. According to this legal doctrine, victims can recover damages for an accident, even if they are partially responsible.
However, Illinois follows a modified comparative negligence rule, which means that victims can only recover damages to a fault threshold, which in Illinois is 51%. This is also called comparative negligence in state statutes. That means a victim must be no more than 50% responsible for an accident in order to recover any compensation. Their damages would also be reduced by their degree of liability.
Chicago Aggressive Driving Accidents Lawyer Near Me (800) 794-0444
How the Team at Pintas & Mullins Law Firm Can Help
A Chicago aggressive driving accident lawyer can help defend you against defense tactics that may try to claim you are more than 50% responsible for an accident in order to reduce their client’s liability. We have worked on many cases like these and can gather evidence like video surveillance, police reports, and eyewitness statements, providing liability for the accident. If necessary, we can even work with accident scene reconstruction experts to determine what happened in the moments leading up to the accident.
We will help you build a strong case and negotiate with the defendant’s lawyer to pursue a fair settlement for your injuries. For a free, no-risk review of your case, contact Pintas & Mullins Law Firm today at (800) 794-0444.