It is common for motor vehicle accidents to involve multiple cars and result in several injuries. Sorting out the various claims that can be made against everyone at the scene, along with assigning a value to medical problems and car repairs is a complex process. This is why accident victims need some kind of outside help to deal with the aftermath of a car crash.
Utilizing the services of a personal injury lawyer is the best way to try to make sense of this situation, and also receive proper compensation for any problems caused by the collision and the driver at fault.
A multiple vehicle crash in the Brighton Park area of Chicago resulted in several injuries.
Two drivers and three children are injured near the Southwest Side
Local police responded to the scene to find that two Ford vehicles had collided near the 4800 block of South Western Avenue on the Southwest Side at about 7 pm.
Three children were harmed during the crash, including a 6 year old male child and two 1 year old victims. They were all transported to Comer Children’s Hospital to be treated and stabilized.
A 25 year old female victim, who was driving one of the cars involved, was taken to the University of Chicago Medical Center in stable condition. The 54 year old male driver of the second car was taken to Stroger Hospital for treatment.
The woman driving the vehicle with the children inside received traffic citations related to not having a valid license or proof of insurance, and two separate infractions for improperly securing a child in a car without restraints. No further information was provided about additional citations to others involved or criminal charges. There was also no information released about a definite cause of the accident or details about the moments leading up to the crash.
Does it matter if children are victims in an accident?
While parents are normally involved in the process of defending their children’s rights, lawyers do frequently represent the interests of children in various proceedings in family court, juvenile criminal cases, and even personal injury lawsuits. If a young person cannot function normally after an accident due to a permanent injury, this may be factored into damages and the costs can be projected for several decades of treatment and lost opportunities.
Keep in mind that the defendant is responsible for all harms that they cause, regardless of the age or condition of the plaintiff. A skilled injury attorney can also factor the non-economic damages of emotional pain and suffering that the family must endure into their calculation of damages when children are involved.
Determinations of fault
Fault is a crucial term in motor vehicle accidents for its relevance to lawsuits and insurance claims. There may be one person who is clearly responsible for an accident, or fault may be divided between multiple parties who made mistakes that converged at the time of the collision. This is a fact intensive inquiry that is different for each accident.
The element of a negligence lawsuit that is most closely related to fault is causation. An attorney for the plaintiff in a personal injury case will need to prove that the defendant was responsible for the actual and proximate cause of the accident. This is essentially a way of tying a crucial mistake or errors to particular actions of the defendant. Causation is also crucial because if this element is missing, it will not be possible for the plaintiff to win the negligence case, regardless of any other information that may point to the defendant’s fault.
Accidents that result in traffic citations
One of the drivers in the news stories above received multiple traffic citations, but this many not affect the outcome of the lawsuit. This is because her tickets were related to invalid credentials and not securing her children properly inside the car, which is separate from the issue of fault in the accident.
While traffic citations can reflect poorly on one or all drivers involved in the accident, they do not provide a legal conclusion as to who was at fault. Traffic laws are designed to protect the public and other drivers on the road from illegal or dangerous actions, but in a civil lawsuit related to an accident, they can only be used as one piece of evidence along with everything else that is presented. A jury will still ultimately decide who they believe is at fault for the accident, even if a driver clearly disobeyed one or more traffic laws.
Talk to a local lawyer today
For help after any kind of accident in the Chicago metro area, get in touch with Budin Law Offices. You will receive expert advice from an experienced personal injury attorney licensed in the state of Illinoins.