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Auto Accidents and Private Property: Who is at Fault?

Automobile accidents are incredibly serious issues that can have catastrophic consequences. This is as true of accidents that occur on private property as it is of accidents that occur on a public thoroughfare. That is not to say that the two don’t have any differences at all, of course. Determining who is responsible for the accident can be more difficult with accidents that occur on private property. It is important that you understand your rights during this difficult time and are able to determine who is liable for the accident.

Who is at-fault?

When someone drives or otherwise behaves negligently and leads to the damage of person or property, they might be held liable for the victim’s losses. This does not change when the accident takes place on private property. Note that this can encompass situations where the accident was not caused by another individual physically striking your vehicle. If a privately-owned parking lot fails to mark blind spots or to ensure that the proper number of “no stop” or “yield” signs are in place, for example, then they very well might be found liable for accidents that occur in the lot.

Depending upon the property owner in question, you might find that gathering information about your accident, including camera footage, if available, that shows you were not at fault, to be quite difficult. A property owner who has an active stake in ensuring that you (and not they) are found to be liable for your own damages, for example, is less likely to willingly help you prove that the accident was not your fault. That is where an experienced attorney familiar with the laws governing auto accidents and private property comes in handy.

Auto accidents can happen to anyone. Even the most cautious of drivers can find themselves caught off-guard and put into a bad situation. If you have been the victim of an automobile accident on private property, the attorneys at Frederick and Hagle can help. Our experienced legal experts understand how to determine who is at fault for accidents as well as how best to ensure you receive proper compensation.

Reach out to us today at 217-367-6092 for more information!

Who is responsible for paying medical bills after a traffic accident?

Have you been injured in a traffic accident in the state of Illinois? If so, you might find yourself wondering exactly who is responsible for the resulting medical bills. Let’s take a look at what to expect below, and don’t forget that you can reach out to the professionals at Frederick & Hagle for a free consult at 800.642.1227!
Common Misconceptions
First of all, it’s important to understand up front that the responsible party’s insurance company won’t pay for your medical expenses until after your case has been settled. We know that’s not what you want to hear right now, especially if you’re also dealing with lost wages on top of steep medical bills. You need to keep this information in mind, however, so that you understand that your medical expenses will likely be sent to collections if you tell the medical professional in question to “bill” the responsible party’s insurance. You’ll most likely have to pay up front and seek reimbursement after the fact.
With that said, keep in mind that this doesn’t mean insurance won’t cover your bills at all. It just means that you’ll have to pay them before your case is settled and take reimbursement out of the compensation secured on your behalf by an experienced attorney.
Check in with Your Health Insurance
When you go in for medical treatment, make sure to tell the provider that they should bill your health insurance agency. Many of the larger agencies will have special rates with certain facilities, so they’ll end up paying less than you might. Note that you might still be responsible for things like deductibles or the like require upfront payments. Additionally, your health insurance will likely expect their reimbursement to come from any compensation you receive from your injury case.
Medpay
Many car insurance policies contain a clause with medical payment coverage, also known as medpay. If it is present in your insurance policy, then you’ll likely have a set amount of money they will pay out of pocket. Once they meet that threshold, you’ll have to look elsewhere for expense coverage. This can be a great option to look into before worrying about other payment methods; however, you should keep in mind that this clause is optional. It might not be a solution for you, but it doesn’t hurt to check with your insurance company.
Liens
Another option to consider – or one that might be utilized whether you’re aware or not – is that of a “lien.” A lien is put in place to ensure that once you recover compensation, you pay off your medical bills. Some medical establishments will file for a lien on their own and others will enter into that agreement with you in exchange for providing treatment without billing you until your lawsuit has been settled.
For more information about your specific case, reach out to the skilled attorneys at Frederick & Hagle today!

Should I hire an attorney for my car accident?

When it comes to unexpected situations that can change a life forever, traffic accidents are among some of the most devastating around. Because they involve heavy, large machinery moving at fast speeds, it perhaps makes sense that the injuries traffic accidents inflict upon their victims are often catastrophic in nature. If you or someone you love has been injured in a car accident of some kind, it’s important to reach out to an experienced attorney who can help. With that said, you might be wondering exactly when you should hire an attorney. Let’s look at some of the considerations to undertake when making your decision.

Who is liable for the accident?

If the liability in your case is crystal clear, that can help the process move smoothly. In the event that the liability is shared or unclear, however, you might find yourself facing an uphill legal climb. This can be a serious issue, especially if you have medical bills or property damage to cover (not to mention lost wages if your injuries have left you unable to complete your normal shifts). Whether you are looking to secure your compensation or help ensure that the responsible person is held accountable, an attorney can help.

Insurance Has Offered (or Denied) a Claim

Insurance can be incredibly difficult to deal with. Keep in mind that their main interest is in ensuring that they keep as much money in their coffers as possible, not what is best for you. That means that they will do their best to pay out as little as they can if they offer a settlement. They will often deny a claim outright, leaving victims feeling as though there is no recourse. A lawyer can help you handle insurance claims and do their bests to secure the compensation you need to recover. If your claim has been denied – and even if you have been offered a settlement – you should hire an attorney.

You are Facing Extenuating Circumstances

Finally, if you are facing extenuating circumstances, you should reach out to an attorney for help. This means that if you are facing issues with lost wages or even problems with caring for loved ones after an injury from a car accident, a lawyer can help. Remember that insurance claims tend to calculate immediate losses, not complicated issues like lost work, caregiver fees, and extended projected medical fees. An expert can help make sure that you receive the compensation that you need to move on with your life.

Statute of Limitations

Something else to keep in mind when working through your traffic accident claim is the statute of limitations. You want to make sure that you understand how much time you must file a personal injury claim. In Illinois, this is generally within two years from the accident. Regardless, contacting an attorney can help you stay on top of any important due dates. It should be noted that a lawyer can also help protect you if you are concerned that someone might file a personal injury claim against you within the statute of limitations.

If you need help with your traffic accident personal injury case, the attorneys at Frederick & Hagle can help. We have the experience, knowledge, case history, support, and reputation needed to fight for your best interests. Contact us today for more information!

Driving and Texting: Proving Fault

In the state of Illinois, it is illegal to text while driving. That is not to say that everyone follows the rules, of course, and that means that accidents caused by this easily avoidable issue continue to be a serious problem. Despite the rising knowledge and caution regarding just how dangerous texting and driving can be, it remains an issue that leads to thousands of injuries every year. And, unfortunately, this can be a difficult case to prove. If you have been injured in an accident with someone who was texting on their cellphone while driving, it’s time to reach out to an experienced attorney who understands how best to pursue these kinds of cases.

Find a Witness

For obvious reasons, it can be hard to definitively and convincingly claim that you saw the other driver on their cellphone right before the accident happened. Most people will assume that you were watching the road and had no idea what was happening. With that in mind, it becomes very important to find witnesses to the accident who can help corroborate your assertions. This is true even if all you can do is prove that the other driver was on their cellphone as opposed to definitely texting. This witness might be another driver, someone who was on the side of the road and saw the accident, or even a passenger in one of the vehicles involved.

Cameras and Evidence

Another potential resource at your disposal when it comes to proving that the other driver was texting and driving is via cameras. There are a few different scenarios that might yield this result. First of all, are there cameras in the area where the accident occurred? Look into the stores and businesses nearby as well as any street lights you passed. You might very well find that one or more cameras recorded the accident and show the other party texting on their phone. Additionally, don’t forget to check any potential dash cam footage that you might have. Depending upon the accident in question, it’s possible that you could have recorded the crime yourself (or, at the very least, might find potential witnesses who did).

Text Logs

This isn’t always a feasible option, but if possible, ask for text logs of the other driver. This can show timestamps that match your story about their texting and driving habits. Sometimes you might even receive correspondence from the person with whom the other driver was texting. Their word can do wonders for your case.

Social Media and Technology

Keep in mind that “texting” doesn’t always mean exchanging literal texts with someone. In fact, someone typing on their phone could very well be updating their social media accounts. Check profiles to see if you can find time stamps that would show the driver was online around the time of the accident.

If you have been involved in an accident, reach out to Frederick and Hagle, Attorneys at Law, for expert representation today!

 

Prom night turns fatal after Illinois car accident

On behalf of of Frederick & Hagle posted in Car Accidents on Thursday, May 21, 2015.

Though a prom is typically a time of fun and celebration, individuals should still act responsibly. It is an exciting time for teenagers across the country, but unfortunately, this night can also be a tragic one for parents whose children are involved in serious accidents. Continue reading “Prom night turns fatal after Illinois car accident”

Car accident claims life of Illinois driver

On behalf of of Frederick & Hagle posted in Car Accidents on Thursday, May 14, 2015.

When a vehicle crosses over into the opposite lanes of travel, there may be little that a driver can do to avoid that vehicle. Unfortunately, this situation could lead to a severe car accident that results in an individual or individuals being seriously or fatally injured. Continue reading “Car accident claims life of Illinois driver”

Illinois car accident causes deaths, serious injuries

On behalf of of Frederick & Hagle posted in Car Accidents on Wednesday, February 25, 2015.

A single-vehicle accident that results in injuries for all parties could also result in legal claims. The driver of a vehicle could be held responsible for the injuries that other passengers suffered, and seriously or fatally injured parties or their loved ones may wish to contemplate civil claims options. Continue reading “Illinois car accident causes deaths, serious injuries”

Death, serious injuries result from Illinois car accident

Head-on collisions could be considered one of the most tragic types of accident. These incidents typically occur when one driver fails to stay on the right side of the road and, as a result, collides with an oncoming vehicle. Continue reading “Death, serious injuries result from Illinois car accident”

Wrong-way car accident proves fatal in Illinois

On behalf of of Frederick & Hagle posted in Car Accidents on Wednesday, January 21, 2015.

Accidents that are the result of a driver traveling in the wrong direction on the roadway can have devastating outcomes. Some parties may not understand how a driver could make the mistake of not going the correct way, but it is a situation that regrettably occurs fairly often. Continue reading “Wrong-way car accident proves fatal in Illinois”

Car accident in Illinois causes serious, fatal injuries

On behalf of of Frederick & Hagle posted in Car Accidents on Wednesday, December 31, 2014.

Though Christmas day was filled with much joy for many people, it unfortunately did not prevent accidents from happening on the roadway. Christmas and other holidays are notorious times for heavy traffic as relatives travel to the homes of other family members. Continue reading “Car accident in Illinois causes serious, fatal injuries”