For the loved ones of fatal car accident victims, the loss takes a toll emotionally. But, that doesn’t stop the medical bills, financial losses, and other costs from piling up. If you found yourself in this situation and reckless driving played a role, a car accident lawyer in Chicago can help you seek compensation for medical expenses and other losses.
Contact Lloyd Miller Law at (773) 838-8100 today to guide you through the legal process after a fatal reckless driving incident.
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Common Types of Reckless Driving That Cause Deadly Crashes
In 2022, 46,027 fatalities occurred from an automobile accident in the U.S. In Chicago alone, 98 individuals lost their lives in an automobile accident in 2022. While the specifics of each case aren’t available, reckless driving is a common cause of car accident deaths in general. The fatalities aren’t just of those in vehicles. Sometimes, they happen when a car and bicycle meet.
Reckless driving liability falls on the irresponsible driver’s shoulders. The causes vary, but one factor remains the same: these deaths are preventable with responsible driving habits.
Excessive Speed
Excessive speed, for one, increases the crash’s impact and causes the driver to have less control and a decreased reaction time.
Distracted Driving
Distracted driving is another cause of fatal car accidents. A driver taking their eyes or attention off the road, even for a moment, whether to text or talk on the phone, reach for something in the car, or change the radio, is less likely to react quickly and appropriately to hazards.
Aggressive Driving and Road Rage
When a driver acts in anger or drives without regard for others on the road, they create an unsafe situation. Reaction times of the driver and others on the road are lower when someone is driving erratically out of anger.
Not Following Road Signs or Stopping at Lights
From turning down a one-way street to not stopping for red lights or stop signs, roadway signals are to keep drivers safe. When a driver ignores these traffic control devices, they’re increasing the risk of an accident.
Not Following Traffic Laws
Besides traffic lights and road signs, a person may ignore the lines on the road and traffic laws in general, resulting in a fatal collision. For instance, a person may pass the car in front of them in a no-passing zone or on a blind curve, which could result in a head-on collision.
Drowsy Driving
Getting four hours of sleep or less impairs brain function and response time. Those who drive while excessively tired have decreased coordination and impaired judgment, making them a hazard to others and themselves. With the high demand of meeting deadlines, commercial drivers are especially at risk, even though federal and Illinois regulations are in place to ensure they’re getting enough rest.
Ignoring Weather Conditions
Heavy snow and fog reduce visibility. Snow and rain make for slick roads that increase the driver’s chances of losing control. When the motorist doesn’t account for these, the likelihood of an accident increases.
Driving a Defective Vehicle or One in Poor Condition
The car could experience a malfunction with the tires, steering, brakes, or another component that causes the driver to lose control. As a result, if a driver doesn’t properly maintain the vehicle, they could put themselves and others at risk.
Driving Under the Influence
According to the National Highway Traffic Safety Administration (NHTSA), impaired driving contributed to 13,384 deaths in the U.S. in 2021. Alcohol slows reaction time, reduces decision-making abilities, and impairs coordination, making the driver a threat to those on the road while affecting other drivers’ reactions to those unpredictable driving maneuvers.
How to Prove Reckless Driving Caused a Fatal Accident in Chicago
The most vital step in proving a reckless driving death is carefully comparing car accident attorneys to work on the case. Make sure you choose a lawyer who investigates car accidents thoroughly. They’ll put in the time and effort to analyze and identify all contributing factors to the crash.
Proving Drowsy Driving Was a Factor
The attorney may look into whether a drowsy driver was responsible for your car accident. Drowsy drivers may drift between lanes and not respond as quickly as a well-rested person. During an investigation of a drowsy-driving case, the lawyer may use the accounts of witnesses and other drivers involved to determine if the at-fault motorist exhibited signs of drowsy driving. The attorney may also analyze the following:
- Police report
- Traffic camera or surveillance footage
- Black box data (commercial vehicle accidents)
- Work sleep log (commercial vehicle accidents)
- Skid marks at the crash scene
- Medical history report to assess for sleep disorders or medication usage that may cause drowsiness
Proving Driving Under the Influence Was a Cause
Much of the same evidence is useful in all types of reckless driving cases. However, some proof is specific to distinct situations. For instance, an attorney may use a toxicology report taken at the hospital if signs of impairment were present during the accident. The lawyer will also request the results of a blood alcohol concentration (BAC) test.
Why You Need a Lawyer After a Fatal Reckless Driving Accident
Hiring a Chicago attorney eases some stress associated with the fatal car accident, especially considering the struggle you may face navigating the process by yourself.
Downfalls of Going the Process Alone
While you could go through the legal process for a reckless driving case alone, it’s not easy for a non-legal professional to deal with legal matters and achieve the optimal outcome. You would face the defendant’s attorney, who has legal proficiency and serves their client’s interests, making the process a challenge for someone unfamiliar with the law.
Part of the process also entails working with the insurance company. This company’s purpose is to serve its own interest, which is not to pay any unnecessary claims and to pay the minimal amount possible. As a result, you may not receive a settlement, or may be awarded a much smaller one than you would with legal representation.
With an attorney, you have somebody who’ll prioritize your interests so you receive the compensation necessary to pay for medical costs or funeral expenses, as well as your pain and suffering. When the opposing attorney makes an argument, your attorney will know how to counteract it in your favor.
Rather than you carrying the responsibility of gathering all the evidence, the lawyer and their staff will collect it all. These individuals know what proof is necessary to establish your side of the case. An insurance company will offer the lowest amount they can. Lawyers understand this and how to negotiate a fair payout.
Choosing the Right Attorney
Selecting an attorney makes all the difference in the outcome of your case. Legal representation will lighten the load you’re carrying at this time, making it one less concern for you because you’ll know you have somebody you can trust to represent you.
That said, it’s a decision you can’t take lightly. You need somebody who has experience and understands the challenges that arise in a case like yours and knows how to overcome them with their knowledge of the law.
Start by looking into attorneys in Chicago who focus on fatal car accidents. By choosing locally, you reduce the headache of a long commute time for the multiple visits required throughout the process, and it lessens the expenses associated with travel. Moreover, a lawyer with education in this aspect of law and experience handling these claims will ultimately build a strong case on your behalf. When challenges arise, they’ll know how to overcome them.
Check reviews as you’re comparing. You need a lawyer who has a history of satisfied clients. Once you have a few names, schedule consultations with these individuals. Ask them questions about how they plan to approach your case. Discuss with them what obstacles they think will surface and how they plan to rise above them. Take notice of the attorney’s professionalism and communication style. Think about whether they addressed all your concerns.
You have enough to worry about after a fatal car collision involving your loved one. Opting to hire an attorney to represent you will help you receive the compensation to cover the mounting expenses and provide some financial relief during this time.
Contact us today to discuss your case by dialing (773) 838-8100. Lloyd Miller Law can assist you during this difficult time.
