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Monday Mischief...

FAQ Friday! The cab driver who hit my husband had 11 previous moving violations...Do we have a case?

Question:

My husband was hit by a cab driver in a crosswalk at a shopping center after the cab ran a stop sign. He was cited with a moving violation and having unrestrained children in the car. The driver has 11 moving violations and is employeed by a private taxi company in the western suburbs. Due to the accident, my husband had surgery and will always have pain in his shoulder. What type of claim do we have?

–Tracy, Riverside, IL

Answer:

Attorney Cliff Horwitz:

Your husband clearly has a claim for negligence against the operator of the cab. Further he has a claim against the cab company if that was the employer of the cab driver. You also need to look at your own underinsured (UIM) motorist coverage in the event the defendant doesn’t have sufficient insurance coverage. If you can keep the cab company in the case, you won’t need UIM coverage since there will be sufficient assets available.

Do not give any tape-recorded statements to the carrier.

As to the ticket, unless the cab driver pleads guilty, the ticket will not be admissible in your court case. However, the 11 prior moving violations may be relevant. It may demonstrate that the cab company did a poor job hiring the driver and that they were therefore negligent. This would have to be investigated.

Finally, the cab company will attempt to claim that the cab driver is not their employee and will attempt to escape liability. They’ll do anything to escape liability. Contact us today to get your claim started.  (800) 594-7433

Traumatic Brain Injuries

A traumatic brain injury (TBI) is described as a blow or jolt to the head that can disrupt the function of the brain. The symptoms of a TBI can range from a mild concussion to the extremes of coma or sadly, death.

Every year in the US, an estimated 1.4 million people suffer a traumatic brain injury. The leading causes are vehicle accidents and crashes, birthing injuries, and slips and falls. Approximately 5.3 million Americans currently live with disabilities resulting from a traumatic brain injury. Our personal injury attorneys represent clients or loved ones of clients located in the Chicago, Illinois area, who have suffered severe brain injuries.

Illinois personal injury attorneys find victims of brain injury and their families often are not given adequate information regarding the serious nature of their medical condition. The field of traumatic brain injury is extremely complex, and health care providers often do not have the time or resources to adequately address all of the medical and recovery issues involved.

Victims living with traumatic brain injuries need specialized legal representation if a case is going to be pursued. In and around Chicago, brain injury lawyers are uniquely experienced in the complex medical and legal issues involved in such cases.

Injuries suffered as a result of a traumatic brain injury can be severe and life-altering. Immediate goals often include getting medical bills paid and covered. In addition, your traumatic brain injury attorney should help make sure you or your loved one does not suffer financially through any lost wages, and make sure the appropriate insurance company will pay for future treatment relating to your injury.

If you are considering pursuing traumatic brain injury litigation, Horwitz Horwitz & Associates partner and personal injury attorney, Michael Carter, can help. Click here to visit his attorney profile. 

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Honest Abe for labor!

The Origin of Workers' Injury Laws in the U.S.