Auto Accident Lawyers in Frankfort

Every year, vehicle collisions kill or seriously injure millions of Americans. Only a handful of these incidents are unavoidable “accidents,” like sudden wind gusts that knock cars out of their lanes or defective tires that unexpectedly fail. Driver error causes over 90% of these vehicle collisions. If a driver was negligent, as outlined below, substantial compensation might be available to the injured victims.

The experienced Frankfort auto accident lawyers at The Pinkston Law Group routinely handle vehicle collision claims in Cook County and surrounding areas. Since we know all the applicable court rules and procedures, we are able to aggressively stand up for your legal and financial rights. If you were hurt in a crash, the insurance company has a team of lawyers on its side. Therefore, a good Frankfort auto accident lawyer is essential to the success of your case.

First Party Liability

Here in Illinois, determining the legal cause of the crash is the first step toward obtaining fair compensation. 

Driver impairment causes a little over half the vehicle collisions in Cook County. Some common forms of impairment include:

• Substance abuse,
• Driver fatigue,
• Medically-induced loss of consciousness, and
• Distracted driving.

Impairment cases could involve the negligence per se rule or the ordinary negligence doctrine. Distracted driving is a good illustration of the difference. Illinois has one of the most comprehensive cell phone bans in the country. It is illegal to use a hand-held device while driving. Drivers who violate this law and cause a crash could be responsible for resulting damages as a matter of law.

Hand-held cell phones are only one problem in this area. Statistically, hands-free speakerphones are almost as dangerous as hand-held phones. Other kinds of distracted driving include eating or drinking while driving.

For the most part, these activities are not illegal. So, a Frankfort auto accident lawyer must use the ordinary negligence doctrine to obtain fair compensation. Essentially, negligence is a lack of reasonable care. Driving with only one hand on the wheel or only one eye on the road is clearly a lack of care.

In these claims, victims/plaintiffs must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Third Party Liability

At-fault drivers are always legally responsible for car wrecks. Frequently, a third party is financially responsible for the ensuing damages.

For example, if the tortfeasor was a rideshare driver, bus driver, or other commercial vehicle operator, the respondeat superior theory often applies. Employers are financially responsible for the negligence of their employees.

Illinois law defines these key terms broadly, which tends to benefit injured victims of commercial vehicle accidents. For example, Uber drivers are independent contractors for tax purposes. But they are employees for negligence purposes because the ridesharing company has some control over their behavior.

Commercial alcohol providers might be responsible for alcohol-involved wrecks. Illinois has a very broad dram shop law. These victims must only show that a bar, restaurant, or other commercial provider sold alcohol to a person who later caused an alcohol-related wreck. Most states require victims to show that the provider sold alcohol to an intoxicated person.

Other third party liability theories include negligent entrustment owner liability and negligent hiring employer liability.

Connect with a Dedicated Lawyer

Car wreck victims might be entitled to substantial compensation. For a free consultation with an experienced auto accident lawyer in Frankfort, contact The Pinkston Law Group, P.C. Attorneys can connect victims with doctors, even if they have no insurance or money.