People who are injured in car accidents typically have options for addressing their damages, including the cost of medical treatment, property damage, lost income, and more. An injury victim can file an insurance claim under the policy of the driver who was at fault and receive compensation for their expenses and financial losses. However, people who are injured in hit-and-run accidents may struggle to receive the proper compensation. Fortunately, coverage may be available under a person's own auto insurance policy. While there are some cases where injury victims may struggle to receive the proper insurance coverage, a recent decision by the Illinois Supreme Court ensures that uninsured motorist coverage will be available to people injured in hit-and-run accidents.

In 2020, a teenage boy in Chicago was injured in a hit-and-run accident while riding a bicycle. His father filed a claim under his auto insurance policy seeking uninsured motorist coverage for an accident in which the at-fault driver could not be identified. The insurance company denied the claim, stating that because the boy was not in the father's vehicle at the time of the accident, coverage did not apply. The father took legal action to address this denial, and while a trial court initially dismissed the claim, an appellate court reversed this ruling. The Illinois Supreme Court reviewed the case and determined that uninsured motorist coverage should have applied in this situation. In its decision, the court stated that the purpose of uninsured motorist coverage is to put a person in the same position as they would have been in had the at-fault party had liability insurance. In cases where a driver strikes a person on a bicycle, their liability insurance policy would provide coverage, so uninsured motorist coverage will be available to victims in these situations. This ruling ensures that Illinois residents will be able to receive the proper insurance coverage, even if they are not in a vehicle at the time of an accident.

Contact Our Cook County Car Accident Attorneys

At Tomasik Kotin Kasserman, LLC, we work to help injury victims pursue compensation for damages suffered in car accidents and other situations. Our Chicago hit-and-run accident lawyers can determine whether uninsured motorist coverage will be available to a victim, and we can make sure they take the proper steps to maximize the amount they can receive. To learn how we can help with these types of cases, contact us today at 312-605-8800 and set up a free consultation.

By Daniel M. Kotin 

The Governors Highway Safety Association recently released data showing that deaths in pedestrian and bicycle accidents in the United States are at the highest they have been in forty years. The group attributes some of the increase to the rising popularity of trucks and SUVs. But another factor is undoubtedly the increase of essentially silent electric vehicles on our roadways.

I have been driving an electric car for about six weeks now. I have not struck anyone, but I have already experienced a handful of occasions wherein pedestrians have simply walked into my path. It has become enough of a concern that I felt compelled to do some research.

By: Eddie Hettel

The Illinois Supreme Court’s decision in Peach v. McGovern clarifies that expert testimony is not required to admit post-accident vehicular photographs. Previously, Appellate Courts had differing opinions as to whether a party was required to present expert testimony about a photograph before it was admitted into evidence.

The Court held that photographic evidence is admissible if it has a reasonable tendency to prove or disprove a material fact at issue in the case but may be excluded when irrelevant or immaterial or if its prejudicial nature outweighs its probative value. Peach v. McGovern, 2019 IL 123156, ¶ 27. In deciding the admissibility of post-accident vehicular photographs, trial courts must determine whether the photos make the resulting injury to the plaintiff more or less probable and whether the photos may be relevant with regard to impeachment. See id.

A recent study revealed that app-based rideshare services account for a three percent annual increase in traffic-related fatalities. This translates to roughly 987 traffic-related fatalities each year resulting from rideshare services such as Uber and Lyft.

Although many supporters of the rideshare industry note the perceived benefits such as a possible decrease in drunk driving and added convenience to riders, the numbers tell a more startling story. Aside from the numerous assaults that occur each year in Ubers and Lyfts, data reveals that these services have also made our roadways less safe.

Rideshare services increase the number of people on the road for several reasons: 1) there are more drivers on the road, and 2) people who would otherwise have taken public transportation, walked, or biked are choosing rideshare services. Data reveals that after the introduction of ridesharing, traffic fatalities steadily increased as our roads become crowded with more vehicles.

By Daniel Kotin

For half a century, roadway deaths caused by motor vehicle collisions were consistently dropping.  Many factors contributed to this good news.  Manufacturers have consistently improved the crashworthiness of their vehicles.  Use of 3-point seatbelt systems became the law and have now become the habitual practice of virtually all drivers and passengers.  And, perhaps most importantly, increased police and judicial intolerance of drunk driving as well as the tireless efforts of groups like MADD have created a societal shift whereby far fewer drivers dare operate vehicles while intoxicated.

As a result, data showed that fatal roadway crashes were in a near constant decline over the past 50 years.  But suddenly, this trend has reversed.