A 43-year-old man from Willowbrook was killed when a van he was riding in flipped over and landed in a pond east of Interstate 57, near Tolono. His wife, also from Willowbrook, was driving the van when the accident occurred. Eight other passengers in the van were injured during the accident, including the driver. Only one of the other eight passengers was injured critically. The rest sustained non-life-threatening injuries.
According to a local news report, the van was traveling north on Interstate 57 when the driver lost control. The van then veered off the interstate before rolling over several times and coming to rest upside down in the pond. Police indicated that all of the van’s passengers were wearing seat belts at the time of the accident.
Firefighters from Tolono, Savoy, and Pesotum all provided assistance at the site of the accident, as did divers from the Cornbelt Fire Protection District in Mahomet. No firefighters or divers were injured in their rescue efforts.
The Illinois State police accident reconstruction team is conducting an investigation to learn more about the cause of the crash. Police said no tickets were issued to the driver of the van.
If a Driver is Negligent, Passengers May Be Entitled to Compensation for Damages
When a passenger gets into another person’s car, he or she has a right to expect that the driver will operate the vehicle with reasonable care. This is true for any passenger, whether the driver is a friend or family member of the passenger’s, or an employee of a bus or shuttle service.
Of course, some motor vehicle accidents are caused by other drivers. The driver is as much a victim as his or her passengers. Perhaps another driver failed to stop at a red light, and a collision occurred. In a situation like this, it is possible that neither the driver nor the passengers are at fault for the accident in any way. A number of motor vehicle collisions are caused by defects in the vehicle or its parts. Most notable recent defects and recalls leading to serious injuries and deaths include defects in the ignition system, airbags, tire treads, brakes and electrical systems.
Other times, however, a trusted driver may be the cause of a crash. The driver may fall asleep at the wheel because of a prescription medication that causes excessive drowsiness. Or the driver may have impaired judgment and not been honest about the amount of alcohol he consumed at dinner. Whatever the situation, if a driver fails to drive with reasonable care, and this failure causes a passenger to be injured, the passenger may be entitled to compensation for his or her injuries. Under Illinois law, the failure of the driver to take reasonable care — to drive as a reasonable person would drive under comparable circumstances — is called negligence. All drivers owe their passengers a duty not to drive in a negligent manner.
Passengers who have a relationship with a negligent driver can still recover for injuries from the driver’s car insurance company. In other words, even if a spouse is injured because of her husband’s negligence while driving, she can still receive compensation from his insurance company to pay for out-of-pocket medical bills, lost wages and lost future income, and even for pain and suffering.
Have You Been Injured As a Passenger In a Motor Vehicle?
If you have been in a motor vehicle accident as a passenger, you have rights. Many people do not know that if a driver who causes an accident is someone they know and care for, they may still be entitled to compensation, and it won’t be at the direct expense of their loved one. The lawyers at Moll Law Group know how to handle delicate situations like these. We are here to help you recover for your damages and to help you return to the life you had before you were injured. This is our goal, and we have the experience and track record to get it done. For a free consultation, call Moll Law Group at (312) 462-1700.
See More Posts:
Girl Sues After Suffering a Serious Injury While Boarding a Chicago Bus, Illinois Injury Lawyer Blog, October 22, 2015.
Six-Vehicle Chain-Reaction Accident Caused When Semi-Truck Rear-Ends Van, Illinois Injury Lawyer Blog, October 20, 2015.
Fatal O’Fallon Truck Accident May Have Been Caused by Medical Emergency, Illinois Injury Lawyer Blog, October 18, 2015.