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Category: automobile collision

Reasons Why You Should Never Delay Medical Treatment After an Accident

Whenever anyone is involved in a traffic accident caused by another driver, it is the last thing they wanted to deal with. Shocked out of the routine of your busy day, broken out of the course of events, nobody wants to deal with the aftermath of an accident, least of all, leaving your car and seeking medical treatment. So, quite often, people don’t seek medical treatment right away after an accident. Sometimes for reasons related to work or other responsibilities, people wait several days to actually seek treatment following a car accident.

Medical Reasons Not to Delay Treatment

Delaying treatment in auto accident cases can be a serious mistake for several reasons. For obvious reasons, it can mean a worsening or prolonging of the injuries resulting from the accident. Injuries like soft tissue injuries or brain injuries resulting from auto collisions, for instance, don’t manifest symptoms sometimes for weeks, maybe even months later.

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No-Doubt Liability in Auto Accident Cases

In certain car accident cases, some drivers are considered at-fault 99% of the time. These cases are often called "no doubt" liability cases. Two such instances that fall into this category are: rear end collisions and left-turn accidents.

Illinois Rules of the Road are largely responsible for the "no-doubt" designation in these cases. And as insurers are less likely to argue fault in these cases, it becomes all the more necessary to have experienced Counsel on your side to negotiate a fair and equitable settlement for injuries and losses.

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Duty of Care and Personal Injury

Negligence is a basis for many successful personal injury claims and when negligence is proven, what the defendant did or didn’t do to constitute it often hinges on what is called a “duty of reasonable care.”

What is a duty of reasonable care? That can be a tricky nut to crack. Often, definitions of negligence differ from circumstance to circumstance based on conditions, relationships of individuals involved. So it is often necessary to contact an experienced personal injury attorney when you have a question about liability or fault in an accident.

For instance, a man walks into a home that is being remodeled and clearly marked as a construction site to inquire about a contractor’s services or a job with the contracting company or any innocuous question about the residence. When he knocks on the door there is no answer. He finds no one in the foyer, yet he enters further and calls out to find anyone who might be around. In the process he knocks over a scaffold, injuring himself in the process. Is he likely to receive a personal injury claim as a result? The answer is likely not. The man entered a clearly marked construction site without authorization. He took no precaution in wearing a hard hat or reasonable care when in the space and as such, his own actions constituted negligence.

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When the At Fault Driver is Not The Only Person Liable for Damages

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If you have been the victim of driver neglect that resulted in a car accident, it’s likely that finding the at-fault individual responsible for your injuries was not that difficult a task. In most cases, the at-fault individual is the driver that did not use reasonable care or caution when behind the wheel (that is if you, yourself were not also in some way negligent and partially responsible, in which case comparative negligence would come into play). But in some cases the driver that caused the accident is not the individual responsible for your injuries or damages. In some cases, Illinois law attributes responsibility to someone more than those behind the wheel and, perhaps, not even in the car at the time of the accident.

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Motorcycle Accidents and Personal Injury

According to a federal study, there were 35 times more deaths from motorcycle accidents than from car accidents in 2006. The reason for such disparity is due to several factors involving the nature of motorcycle riding: (1) motorcycles are much smaller and lighter than cars; (2) they are on only two wheels and; (3) they do not protect the rider with a metal enclosure, all factors which pose inherent risks when on the road with trucks and cars that travel at top speeds.

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