road safety

Who Pays My Medical Bills After a Car Accident?

July 25, 2019 by Levinson and Stefani Leave a Comment

The short answer is the person who is responsible for a crash generally pays for medical bills related to the incident. However, the at-fault driver will pay for the medical bills usually as part of a lump-sum payment that is included in the entire settlement or verdict amount. In other words, a victim of a car crash is responsible for making sure his or her bills are paid or that the doctors, hospitals, or clinics providing treatment for their injuries resulting from the crash are willing to wait until their legal case is resolved to get paid.

What If I Don’t Have Health Insurance?

Most auto insurance policies include medical payment coverage for medical bills incurred as a result of a car crash, but the limits are usually low, and it may only cover a relatively small amount of bills. Once that coverage is exhausted, you can request that a doctor or treatment facility place a lien on an outstanding bill. This means that the doctor or medical office agrees to wait to get paid until the legal matter is concluded and funds are recovered from the negligent driver. However, medical offices typically do not agree to provide treatment on a lien basis unless their patient is represented by an attorney.

What If The Other Side Blames Me For The Crash?

Damages in injury cases in Illinois are apportioned based on fault, unless the person filing the claim is more than 50% at fault. Put another way, if a negligent driver is 100% at fault for a crash, that person should pay 100% of the damages related to the case. If the person bringing a lawsuit is determined to be partially at fault for his or her injuries, that person will be responsible for the amount of damages proportionate to his or her percentage of fault. So, if the Plaintiff is determined to be 10% at fault, that percentage remains his or her responsibility. However, if it is determined that the Plaintiff is more than 50% at fault for his or her own injuries, that person will recover nothing.

Why Do I Have to Pay At All If It Wasn’t My Fault?

It seems unfair. When a negligent driver causes injuries and property damage, the victims of the crash now have to try and put their lives back together. Everyone has their routines and responsibilities – the things they have to take care of day to day. Avoidable car crashes disrupt all of that. They make you late to wherever you were headed. They injure you, sometimes irreparably. They can cause stress. Yet, very often, the financial burden of immediate aftermath of a crash falls on the victim.

You have to get your car fixed. You have to go to the doctor. You lose time and pay at work. Often, it isn’t until the legal process is completed that these damages are addressed. Also, if a negligent driver who causes a crash has insufficient, or no insurance, you have to rely on your own auto policy to cover the cost of your vehicle and your medical expenses, pain and suffering, loss of normal life, lost wages, etc.

One thing people can do to mitigate this problem is to purchase the most auto insurance coverage their budget will allow. The more coverage you have, the less risk you take when sharing the road with underinsured drivers. Illinois law requires auto policies issued in the state to include insurance that covers the policy holder and others covered by the policy if they are hurt by a driver who has no insurance or doesn’t have enough insurance. Negligent drivers should be held responsible when they cause damage, but if they don’t have enough insurance or money to pay for the damages they cause, it’s better to cover yourself to the full extent that you can.

Medical Bills Can Often Be Negotiated

If you’re hurt in a crash, medical bills can pile up in a hurry. If you have medical insurance that covers the bills initially, or you find a doctor that will treat you on a lien basis, there may be an opportunity to save on medical expenses once your case is settled by negotiating with the medical bill lien holders. There are statutes in Illinois that govern how medical bill and insurance liens are calculated in Illinois. Having the help of an experienced injury attorney to help you navigate these rules can make the process of resolving these issues much easier and more efficient than trying to figure it all out on your own.

Avoiding crashes altogether is, of course, the preferred outcome in any situation. Each person who ventures to travel anywhere, whether for work, fun, or chores, should strive to act as safely as possible. Still, we all know that we live in an imperfect world where not everyone does the right thing all the time, or even what they are supposed to do. Knowing what to expect and who to turn to if things go wrong, is a much better way to approach the hazards we all face when we venture out on to the road.

Who Pays for My Car After a Crash?

July 24, 2019 by Levinson and Stefani Leave a Comment

It is possible to follow all the rules of the road and still find yourself in a motor vehicle collision. If another driver acts unreasonably and crashes into your car, damaging your vehicle, you can make a claim to insurance for property damage. There are a few things that need to be considered before determining who actually pays.

Who caused the damage?

In Illinois, you can make a claim against another driver’s car insurance policy for your property damage if that person was responsible for the crash. If you have collision coverage on your own policy, you can seek compensation that way, too. It is usually your choice as to which policy to request payment from. Here is a list of a few things you can expect depending on which route you take:

Your Insurance

There may be less of a wait because your car insurance company will generally pay for the damage to your car without having to determine who is at fault in a crash. You contracted with that company to provide coverage for the possibility of your car being damaged. That is what it’s there for.
If you choose your policy to pay for your property damage, you will most likely have to pay your own deductible. $500 is a common deductible amount for auto collision policies in Illinois. That is the portion you have to pay out of pocket when your car insurance company pays for your property damage. If the other driver is at fault for the crash that caused damage to your car, your insurance company may be able to recover your deductible from the other driver’s insurance and reimburse you.
If you purchased minimal insurance that only provides liability coverage and no collision coverage, your car insurance company is not obligated to pay for your car regardless of how it was damaged. In this scenario, for the other driver’s insurance company to voluntarily pay for your property damage, they will likely have to accept full responsibility for the collision on behalf of their insured. Without either an admission of fault by the other side or a determination of fault you may not be able to recover your damages from insurance. For this reason, it’s always better to purchase collision coverage if you can afford it.

The Other Party’s Insurance

Regardless of how a crash occurs, insurance companies want to determine the estimated cost of repairs or a total loss before issuing any payments. When dealing with another party’s insurance policy, the process of scheduling an inspection can get delayed if the adjuster has not completed his or her investigation or determined who was responsible for the crash.
An insurance adjuster for the other driver might decide that he or she thinks you are partly to blame for a crash and will want to discount their property damage compensation offer accordingly.
If the other party’s insurance accepts full responsibility for a crash, you will not have to pay a deductible.

What is my car worth?

If your vehicle is determined to be a total loss after a crash, an insurance company will be unlikely to pay for it to be repaired. Instead, as long as the damage is covered by the policy, the company will issue a check for the value of the car before it was essentially destroyed. In other words, if a car is damaged so much that the cost of repairs is more than what the car is worth, it’s considered a total loss.

The value of the car is based on what you could get for it if you were to sell it. Put another way, it’s the market value. That is why it’s important, when financing a car, to make sure you have adequate insurance coverage for collisions and, not to borrow more money to pay for a car than what the car is worth. If you borrow money from a bank, credit union, or dealership to pay for a car and it gets wrecked in a crash, you will have to pay back the money you borrowed to finance the car regardless of how much the car is worth. The loan amount and the value of the car are two separate things that don’t always match up. You may want to consider this when you are looking to purchase a new or used ride.

The bottom line is that it’s wise to purchase as much insurance coverage as your budget will allow. It’s better to have it and not need it than to need it and not have it.

Trucking Industry to Have Drive-Time Rules Deregulated

July 12, 2019 by Levinson and Stefani Leave a Comment

Under the Trump Administration, the Transportation Department is looking to curb a longstanding rule, which requires drivers to stop driving once they hit their 14^thhour on the road. In addition to mandating that commercial drivers stay off the roads once they hit this limit, they must then take 10 consecutive hours off from driving before they can get back on the road. For those drivers who are set to drive for more than 8 hours at a time, it is also mandatory that they take a 30-minute break prior to reaching the 8-hour mark. The Trump administration and trucking industry lobbyists argue that these rules, regulated by the Federal Motor Carrier Safety Administration (FMCSA), go too far in regulating commercial drivers due to the overall effect that inclement weather, poor traffic, and the rules themselves have on drivers being able complete their deliveries in a timely manner.

While those lobbying for changes to the current rules state that the regulations hinder driver’s abilities to get paid and ultimately keep truck drivers off the roads, the most important thing to remember is the reason as to why these rules were adopted in the first place. Just like any job throughout the United States, it is mandatory that employees be given at least a 30-minute break for every 8 hours of work. In any job, these breaks are mandatory to ensure that employees are not overworked and as we all know, if we are overworked, our productivity takes a significant hit. With that being said, why should the rules be different for truck drivers? Because America is so dependent on ground shipping and can’t be forced to deal with delays? The point of this is to say that the data in no way supports the argument that these lobbyists are making. As PBS NewsHour reported on July 1^st, “there were 4,657 large trucks involved in fatal crashes in 2017, a 10% increase from the year before, according to a May report issued by the Federal Motor Carrier Safety Administration . . . Sixty of the truckers in these accidents were identified as ‘asleep or fatigued,’ although the National Transportation Safety Board has said this type of driver impairment is likely underreported on police crash forms.”

Ultimately, this news will mean that if federal regulations are relaxed, allowing commercial truck drivers to stay on the road longer, safety measures will come down to self-checks by the drivers. All drivers should become knowledgeable of safety tips to ensure they are keeping the roads a safe place for all drivers, no matter the importance of meeting delivery needs. Here is a pamphlet created by the CDC, which provides great tips and resources for such things as sleeping disorders, driving at night, and drowsy driving. It all comes down to staying safe on the roads. Statistics establish that truck drivers who are fatigued do pose a serious risk to other drivers, so be sure to review the material available and keep others safe.

Sleep Apnea Proves to be a Contributing Factor

As we are aware that fatigued driving already plays a major role in traffic crashes throughout the United States, it’s important for us to remember that some drivers may also be experiencing certain conditions that naturally make driving fatigued a regular part of their day. This fatigue is then only made worse by the fact that drivers are working incredibly tough jobs. An article published by Sleephelp, states that “sleeping with sleep apnea causes the same amount of fatigue as getting less than 5 hours of sleep per night . . . Sleep apnea is exacerbated and, in some cases, caused by obesity. Since truck drivers are among the most likely workers to be obese (38.6% struggled with obesity, according to one study), sleep apnea and the ensuing drowsiness is more likely to be an issue for them that it is for other people.” Similar to a recent post we wrote regarding drug use among commercial truck drivers, we are not saying that each truck driver is affected be these types of sleeping disorders or levels of fatigue; however, the statistics show that people within the industry are more likely to experience these issues. In addition to the factors likely to lead to sleep apnea, the FMCSA has also provided information regarding the overall risk factors and symptoms associated with the sleeping disorder. Overall, the FMCSA list the risk factors of sleep apnea as:

A family history of sleep apnea
Having a small upper airway
Being overweight
Having a recessed chin, small jaw, or a large overbite
A large neck size (17 inches or greater for men, 16 inches or greater for women)
Smoking and alcohol use
Being age 40 or older
Ethnicity

Additionally, according to the FMCSA, the symptoms of sleep apnea include:

Loud snoring
Morning headaches and nausea
Gasping or choking while sleeping
Loss of sex drive/impotence
Excessive daytime sleepiness
Irritability and/or feelings of depression
Disturbed sleep
Concentration and memory problems
Frequent nighttime urination

Overall, if you have concerns that you may be afflicted by sleep apnea and its overall effects on your ability to drive, feel free to go ahead and download this form, which helps inform individuals on how to deal with the disorder. By learning about this disorder, especially by individuals within the trucking industry, it will go much farther in establishing safer roads for all.

Illinois State Police Working Alongside Truckers to Curb Distracted Driving

June 25, 2019 by Levinson and Stefani Leave a Comment

As of June 19, 2019, Illinois State Police Officers have begun taking an unconventional approach to monitoring highway safety in Chicago. Throughout this summer, don’t be surprised if you happen to see state troopers seated alongside truckers on the road. “Trooper in a Truck” is what the Illinois state police are calling the new program, which they partnered with the Illinois Trucking Association and Cadence Premier Logistics to make a possibility. Due to significant increases in the number of fatalities resulting from distracted driving all across the United States, the “Trooper in a Truck” program makes sense.

As WJOL recently reported, “the new program is helping officers spot and correct unsafe driving behaviors of passing motorists by riding in the cabs of commercial motor vehicles and watching primarily for distracted driving offenses. Troopers are able to observe the violation taking place and notify other police units ahead to take enforcement action.” Based on the initial results, the plan just might work. On a single day of working the program, on June 19^th, police were able to issue more than 20 tickets for a variety of violations including distracted driving and improper lane changes.

While the new program may be unique to Chicago, it’s important to mention that troopers have been doing this program throughout the state for roughly a year now, and for good cause. Based on data from the Centers for Disease Control and Prevention (CDC), a total of 3,450 people died in crashes involving a distracted driver in 2016, which comes to roughly 9 people in the United States being killed each day by a distracted driver. Additionally, the CDC goes to great lengths to provide necessary information that any driver should know when it comes to distracted driving such as the types of distracted driving an individual may be practicing on the road. Such types of distractions include visual, such as taking your eyes off the road; manual, meaning taking your hands off the wheel; and cognitive, taking your mind off of driving. After seeing these three categories, it is easy to imagine just how dangerous our favorite electronic devices are when driving on the road. For example, using a cell phone while driving combines all three categories essentially rendering yourself blind while driving.

Maintaining Road Safety

Outside of Illinois with its Trooper in a Truck program, many other states have adopted stricter distracted driving laws than what Illinois currently imposes. For example, Illinois currently prohibits the use of hand-held cellphones, texting, or using other electronic devices while driving. Further, if a driver is involved in a crash resulting from a distracted driver, they may end up facing criminal penalties and incarceration. However, violators of the law will only be charged a $75 fine for their first offense, which if caught again will increase by $25 and eventually be capped at $150. On the other hand, states with similar driving laws have actually imposed far stricter penalties if caught with a cell phone. For example, in 2017, Oregon unveiled a new distracted driving law that fines individuals $1,000 for a first offense, with a maximum fine of $2,000. While it is clear that each state handles driver safety differently, you would be hard pressed to find someone willing to risk paying $1000 for using their cell phone while driving. All of this goes to say that distracted driving is an issue. State’s are adopting these new rules for good reasons and we need to make certain that we do our best to follow them.

Tips for Drivers

With Trooper in a Truck now making its way to Chicago, it is safe to say we can all expect our actions on the road to be watched much more closely. This isn’t a bad thing though. Chicagoans should be practicing safe driving no matter what. However, this is a great time to finally get yourself to put the phone away for good and practice additional safe driving tips. The Associated Press reported in April of 2019 that Floow, “a telematics-based provider of smarter and safer mobility solutions has studied billions of journey miles to identify a number of key behaviors that have a significant impact on driver safety.” As a result of their tests, Floow put together a list of driver safety tips and best practices that if done properly, will certainly result in safer roads. See below for their list:

Put your cell phone out of arm’s reach. If you can’t grab it while you’re driving, you’ll get in the habit of waiting to answer your phone when it’s safe.
If you must talk, do it hands-free. Some cities and states have banned texting while driving altogether. Either way, a hands-free Bluetooth device is the safer way to go.
Secure your mobile device. Put your cell phone in the glove compartment or some other place where it’s securely stowed. The Floow’s crash testing shows that a free-flying mobile device can cause further damage or injury during a collision.
Pick a safe time to travel. Studies indicate that you are statistically more likely to have an accident between 11pm and 7am than at any other time of day. Planning ahead and choosing a responsible travel time will minimize risk.
Take regular breaks during long journeys. The longer you drive, the harder it is to stay alert. During a longer trip, take a quick refresher break every two hours.
Consider the speed limit as a guide, not a target. All driving conditions aren’t equal. When the weather is bad, or the driving conditions are less-than-desirable, slow down to allow for a greater breaking distance.
Drive smoothly. Aggressive acceleration and deceleration are both potentially dangerous. The smoother you drive, the greater your reaction times will be.

Rising Drug Abuse Poses Significant Threats to Road Safety

June 20, 2019 by Levinson and Stefani Leave a Comment

As we are all well aware, the United States is facing an ongoing opioid crisis it has long been struggling to control. With a total of 11.4 million people misusing prescription opioids in 2017, it is easy to see the ramifications of the opioid epidemic have found their way into the lives of commercial truck drivers throughout the United States. As of January 1^st, 2018, any individual taking a Department of Transportation federally mandated drug test, as those with a commercial driver’s license must do, would be subject to testing not only for drugs such as marijuana, cocaine, and methamphetamines, but for semi-synthetic opioids like OxyContin, Percodan, Percocet, and Vicodin. This expansion upon the previous drug testing regulations embodies how the trucking industry has had to deal with the issue of drugs among its drivers. While opioids statistically are not the most prevalent drugs being used by drivers within the trucking industry, the new drug testing regulations confirm what many within the industry have known for years; the drug crisis America faces has hit one of its largest industries the hardest.

On June 12, 2019, the Alliance for Driver Safety & Security, what many in the industry know as the “Trucking Alliance,” submitted a statement to the U.S. House of Representatives Committee on Transportation and Infrastructure Sub-Committee on Highways and Transit regarding the state of drug use within America’s trucking industry. As part of its statement to Congress, the Trucking Alliance provided data which had been given to the United States Department of Transportation (USDOT) and found compelling evidence of severe drug use among commercial drivers. The data showed results of “151,662 truck driver applicants, who were asked to submit to two drug tests – a urinalysis and a hair analysis. Almost all applicants held an active commercial driver’s license.” In addition, 94% of the applicants tested drug-free; however, there were thousands of applicants who failed either one or both of the tests given. Making the issue far worse, the urinalysis test, which happens to be the only method used by USDOT, actually did not identify a majority of users, missing 9 out of 10 actual illicit drug users. On the other hand, the Trucking Alliance has proposed that USDOT begin mandating a hair analysis to be conducted in addition to the current urinalysis routine. In total, the Trucking Alliance has now stated that based on the estimated 3.5 million commercial drivers within the United States, the data compiled would result in roughly 301,000 commercial drivers failing or refusing a hair analysis. Even though this number appears shocking, it only begins to convey the hazard that such drivers pose to road safety.

Drug Use Among Drivers is Leading to Dangerous Roads

Part of the Trucking Alliance’s plea to Congress on June 12^th was to make certain that motorists are not placed in more danger due to a commercial driver’s potential drug abuse problem. As evidenced by the survey conducted, public safety is at risk if trucking companies fail to acknowledge and appropriately test for drugs that have been proven to be rampant within the industry itself. In fact, a Quest Diagnostics analysis conducted between 2015 and 2017, found that commercial drivers who went through post-accident testing saw an increase in positive drug-testing rates rising 51%, from 3.1% in 2017 all the way to 4.7% in 2018.

Of course, the trucking industry is not the only one afflicted by the ongoing drug crisis in the United States; however, as in other industries of high stress and long hours, drug abuse seems all the more likely. With that being said, it is absolutely essential that employers take this data seriously and consider adopting new, more accurate drug tests, in addition to the mandated urinalysis test that has been proven to fail. For the health of the commercial drivers spending hours on the road alone and for the overall well being of the general public, employers must do all they can to keep unsafe drivers off the road.

The Effects of Driving Impaired

While the opioid epidemic is a crisis that must be addressed, many companies are actually finding that the legalization of marijuana through various states in the US is also contributing to driver impairment. Trucking Info’s recent Safety and Compliance report cited an interview with the American Trucking Association’s Abigail Potter, Manager of Safety & Occupational Health Policy. Abigail recently mentioned that even if a driver is operating a vehicle under 26,000 pounds, “you still have to be medically qualified to operate, and one of the requirements is to not use a controlled substance, which include marijuana.” Further, being impaired by marijuana causes “drivers to exhibit poor judgment, decreased motor coordination, and decreased reaction time,” leading drivers to be all the more likely to get into an accident and place others at risk. If these are the effects that marijuana has on drivers, now imagine the impairment that such drivers experience from opioids, which have proven to be prevalent in the trucking industry as the US experiences this ongoing crisis.

What Can Be Done

As it appears the best way to directly attack the ongoing issues within the trucking industry is based solely on understanding who is actually being affected by drug abuse, creating an appropriate guideline for company testing is the most appropriate way to start. The Substance Abuse and Mental Health Services Administration provides a checklist to help employers with drug testing. The checklist includes the following:

Identify any federal or state laws with which you must comply
Consult union officials, if applicable
Identify and contact a laboratory certified by the Department of Health and Human Services
Create a system that maintains and protects the confidentiality of employee drug testing records
Designate an employee who will receive test results from the lab and keep results confidential
Develop a clear, consistent and fair policy before reviewing it with legal counsel
Notify employees 30 to 60 days before implementing the testing program
Contract with a medical review officer; and
Inform employees that organization leadership will comply with the policy

The most important thing to keep in mind for trucking companies overseeing this process is to know that there is data suggesting that opting for an additional hair analysis drug test will likely result in far more accurate readings. While the country is as reliant as ever on trucking to transport goods from place to place, that does not mean we should sacrifice driver and road safety to keep more commercial drivers in the industry without getting help. We need to be smart and make certain that everyone on the road remains safe.

Should Chicago Treat Scooter Sharing Like Bike Sharing?

June 14, 2019 by Levinson and Stefani Leave a Comment

Scooters are coming to Chicago this summer.

Beginning on Saturday, June 15, 2019, the day before Father’s Day, a bunch of electric scooters will start popping up in parts of Chicago’s West, Northwest, and Southwest Sides. The city will be experimenting with a four-month long pilot program to test whether or not scooters will improve access to transportation in Chicago.

Other major cities, including Detroit, Indianapolis, D.C., and San Francisco have already introduced scooter sharing to their streets with mixed reviews. Last year, a couple of scooter companies pulled their fleet from Indianapolis after the city sent them cease-and-desist letters. City officials wanted them off the road until they passed regulations which would grant licenses to companies allowing them to operate within city limits.

The Detroit Free Press reported last year that less than three months after Detroit introduced its first deployment of Bird scooters, countless near-miss accidents had already occurred, with several accidents actually taking place. All of this was prior to two additional scooter companies, Lime and Spin, entering the fold. By late August of last year, Detroit had roughly 500-600 active scooters on the streets. While that number may not seem daunting or pose a significant threat to road safety, it’s important to acknowledge that these scooters are in addition to the thousands of pedestrians, bikes, and cars already making up a significant portion of city streets. While it has been some time since Detroit experienced how difficult it is to maintain these scooters, Chicago is going to quickly learn if they can handle the new additions.

Chicago Must Be Prepared

According to a Chicago Tribune Article penned by transportation reporter, Mary Wisniewski, Chicago wants to avoid people riding drunk or throwing scooters into the river, as they have in other cities. And they absolutely should. Unlike Detroit’s smaller integration of scooters into the city’s transportation options, Chicago’s addition of 2,500 electric scooters into the city is significant. It’s not out of question that incidents will occur. With a population of 3 million people and a city that already boasts a significant amount of bike lanes for a city of its size, the scooters are going to take time for all pedestrians and drivers to get used to.

As everyone in the city will experience growing pains due to the new mode of transportation, there is another critical aspect that should not be overlooked. Who’s responsible? As the CBS Chicago reported, “the terms of service for the scooter companies that are coming to Chicago specifically say that they bear no responsibility for injuries.” From a liability standpoint, any individual injured or involved in any sort of accident with these scooters, will be unable to effectively hold the scooter companies liable, causing those inflicted to be entirely responsible if the scooter user fails to have insurance. With the city and users already aware of the lack of responsibility scooter companies are taking for potential accidents, what more can be done to ensure safety among drivers and pedestrians? The answer may be to look at how individuals have handled bike sharing.

Taking Precaution

As bicyclists in the city already know, biking in such a populated area can be very dangerous. With that being said, as the CBS report acknowledges, the Divvy bikes seen all throughout Chicago have a no-liability clause as well, essentially rendering them the same as the scooters. The biggest difference, which the report cites, is that most individuals know how to ride a bicycle. The same can not be said for scooters. Making matters worse is the fact that the scooters will have a maximum speed of 15mph and be limited to the bicycle lane. This not only makes it critical that bicyclists riding in the bike lane are aware of any quickly approaching scooters, but that scooter users ensure they do not weave between bicycle traffic. Now, imagine being a driver in the city. As we all know, it is illegal to drive in the bicycle lane; however, there are countless areas in the city where right turn lanes require an individual to legally cross through these lanes. With the introduction of the scooters, drivers must be aware of scooters approaching in their blind spots as they turn. Again, the city has had to deal with this for many years, especially since the introduction of Divvy bikes. While it would be great if these scooters could be treated similarly, we must use more caution on the roads and understand that potential problems lie ahead. Keep an eye out this weekend and be aware of your surroundings.