The car accident occurred in January at the intersection of Dundee Road and Buffalo Grove Road in the village of Buffalo Grove. Our client was driving her 10-yea-old son to school and was in her 6th month of pregnancy at the time of the accident. The other driver was a student driver with an instructor sitting on the passenger seat. The other driver turned right in front of our client. Because the roads were slippery due to the winter weather, our client was unable to avoid the accident and hit the other car. The other driver was issued a ticket and our client was taken to a hospital.
The school district attorney refused to settle in order to try and minimize damages and, wanting to shift the burden from the school, counter-sued our client for $12,000 in property damage. Understandably, our client was very upset and concerned with this baseless and ridiculous counter-claim. We explained to her that sometimes the guilty side employs these tricks in order to provide a better defense. There is also a concept in Illinois called “comparative negligence.” Usually, when accidents occur at intersections, the guilty party is trying to attribute a portion of liability to the victim.
After multiple depositions and discovery, we finally were able to locate the police officer that was present at the scene of the accident. According to the police officer, the other driver was at least 90% guilty of this accident. We settled before trial and received $32,000 in settlement for our client and dismissed a counter-claim.