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What to Do as an Injured Passenger

James P. Leahy Attorney At Law • May 8, 2023
A woman is covering her mouth while talking on a cell phone in a car.

When most people think about car accidents, their first reaction is to think about drivers. However, we generally overlook the injuries and deaths that occur among passengers. According to data from Forbes, 5,966 passengers lost their lives in motor vehicle accidents in 2020. This figure underscores just how often passengers are also unfortunate victims of accidents. 


At my firm, James P. Leahy Attorney At Law, my mission is to help car accident victims in Elgin, Illinois, get the legal representation they deserve. I strive to put my years of legal experience at the service of communities throughout Aurora, St. Charles, and Kane County, as victims seek fair compensation to recover their health and well-being. You can count on my personal attention as we fight for your rights. 

Fault Determination in Illinois 

Illinois is known as an at-fault insurance state. This means that victims can seek compensation to recover expenses for car accident injuries as a passenger, such as medical bills. Under Illinois law, the fault for a car accident is typically determined by examining the actions of all involved. If a passenger is injured in an accident, they may have a claim against the driver of the car they were riding in, as well as any other drivers who were at fault for the accident. 


Illinois law requires all drivers to carry liability insurance to cover damages they cause to others in an accident. This insurance may cover medical expenses, lost wages, and other damages suffered by passengers in the accident. In addition, passengers may be able to file a personal injury lawsuit against the driver(s) responsible for the accident to seek additional compensation. 

Filing a Claim in Illinois 

In Illinois, car accident passengers may have several options for filing a claim after an accident, depending on the circumstances of the crash and the extent of their injuries. The following options are useful for paying for medical bills resulting from the car accident, among other types of compensation: 


  • Filing a claim against the opposing driver. If the driver of another vehicle caused the accident, the passenger might be able to file a claim against that driver’s insurance company. This situation is often the case when the other driver is clearly at fault and their insurance policy provides coverage for the passenger’s injuries. 
  • Filing a claim against the driver of the car they were riding in. If the driver of the car the passenger was riding in caused the accident, the passenger may be able to file a claim against that driver’s insurance company. This case can be a more complicated situation, as the passenger may be hesitant to file a claim against their friend or family member who was driving. However, it’s important to remember that the driver’s insurance policy is designed to cover injuries sustained by passengers in their car. 
  • Filing a claim with their own insurance. If the passenger has their own car insurance policy, they may be able to file a claim under their policy’s uninsured/underinsured motorist coverage. This type of coverage is designed to protect drivers and passengers involved in an accident with an uninsured or underinsured driver. It may also provide coverage if the at-fault driver’s insurance policy is insufficient to cover the passenger’s injuries. 


Injured car passengers are encouraged to speak with an experienced personal injury and car accident attorney to determine their rights and options before accepting an offer from an insurance company. Insurers generally attempt to lowball accident victims. An experienced attorney can help victims get the compensation they deserve.

Passenger Liability in Illinois 

In Illinois, the percentage of fault of each party involved in a car accident can affect the damages awarded. If a passenger is found to be partially responsible for the accident, their damages may be reduced in proportion to their degree of fault. 


Here are some examples of situations where a passenger may be found partially responsible for a car accident: 


  • Distracting the driver. If a passenger distracts the driver, such as by engaging in conversation, playing loud music, or using a cell phone, and the distraction leads to an accident, the passenger may be found partially at fault. 
  • Not wearing a seatbelt. Illinois has a mandatory seatbelt law, which means that all motor vehicle occupants must wear a seatbelt. If a passenger is not wearing a seatbelt and is injured in an accident, their damages may be reduced if it is determined that their injuries would have been less severe if they had been wearing a seatbelt. 
  • Encouraging reckless driving. If a passenger encourages the driver to engage in reckless behavior, such as speeding or running a red light, and an accident occurs, the passenger may be found partially at fault. 


A skilled personal injury attorney can help passengers understand their legal rights and liability following an accident. 

Do I Have to Use My Own Health Insurance? 

Call James P. Leahy Attorney At Law today to speak with an attorney that will have your back the whole way. You deserve to get the attention your need when seeking fair compensation throughout the claims process as a passenger. I’m here to help you through this difficult time. Don’t go at it alone.

When Should You Hire a Workers’ Compensation Attorney?

By James P. Leahy Attorney At Law • September 20, 2023
When you get injured at work, you may be eligible for workers’ compensation under the law. Unfortunately, navigating the legal landscape of workers’ compensation in Illinois can be too overwhelming and complicated, especially when done without legal help. If that sounds like your situation, you might want to work with an experienced attorney who is familiar with workers’ compensation laws in Illinois. The attorney you hire will be your ally throughout your case and will help you fight for your rights to secure the compensation to which you are entitled. At James P. Leahy Attorney At Law, I understand the challenges injured workers face when trying to navigate the complexities of the workers’ comp system. I am dedicated to ensuring the best outcome possible for those injured on the job in Elgin, Illinois, and throughout the surrounding areas, including Kane County, St. Charles, and Aurora.

What Benefits Are Available Through Workers’ Compensation?

By James P. Leahy Attorney At Law • August 29, 2023
Workers’ compensation insurance is one of the most significant benefits that employees have in the modern workplace. However, even though they may know they’re covered by a policy, many people don’t know how to file a claim or don’t know what benefits are available to them if they do become injured. If you or a loved one has been hurt, it is essential to understand your rights, so you can take your next steps toward healing. One of the best places to start is by calling a workers' compensation attorney in your area. If you’re in Elgin, Illinois, or the surrounding areas—including Aurora, St. Charles, and Kane County— contact me, James P. Leahy Attorney At Law, to get started .

Third-Party Worksite Accident Claims

By James P. Leahy Attorney At Law • July 13, 2023
Being involved in a worksite accident can be incredibly frustrating. Luckily, as many workers know, employees who suffer a construction site injury or occupational disease may be entitled to pursue workers' compensation benefits, including compensation for medical bills and lost income. What many employees do not know is that they may also be able to file something called a ‘third-party claim.’ At James P. Leahy Attorney At Law, I have spent my career supporting and representing injured workers throughout Illinois. As an experienced personal injury attorney , I can investigate all of the facts of your case, identify the liable party, and seek to prove negligence. Additionally, I can help file a third-party claim, fight diligently for your rights, and guide you forward. My firm proudly serves clients across Elgin and throughout surrounding areas in Illinois, including St. Charles, Aurora, and Kane County. Set up a one-on-one consultation today.

What if My Workers’ Compensation Claim Gets Denied?

By James P. Leahy Attorney At Law • June 1, 2023
In Illinois, employees who suffer work-related injuries or occupational diseases may be entitled to pursue workers' compensation benefits through a claim. However, the insurance provider may deny your claims due to a different number of reasons, including late reporting, delayed filing, or inadequate evidence. Thankfully, you may be able to appeal your denied workers' compensation claim and recover your deserved benefits. At James P. Leahy Attorney At Law, I have the diligence and skill to advise and guide employees in their workers' compensation appeals. As an experienced Illinois workers' compensation attorney, I can investigate the reason for the denial and enlighten you about the next steps to take. In addition, I will advocate for your best interests and help you negotiate the maximum available benefits. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.

Who Will Pay My Medical Bills After an Accident?

By James P. Leahy Attorney At Law • April 10, 2023
An accident can result in minor or severe injuries, hospitalization, or temporary or permanent incapacitation. Depending on the severity of your injuries, getting proper medical treatments can be quite costly. If you or someone close to you were injured in a negligent accident, you are entitled to seek fair financial compensation to cover medical bills and other damages. At James P. Leahy Attorney At Law, I give comprehensive legal advice and skilled representation to clients in their accident claims. As an Illinois personal injury attorney, I can analyze the facts of your situation and determine options to recover damages for your medical expenses. My firm proudly serves clients across Elgin, Illinois, and throughout the surrounding areas, including Aurora, St. Charles, and Kane County.

Suing for Damages in a Construction Site Accident

By James P. Leahy Attorney At Law • March 17, 2023
Every day, lots of construction projects are being executed in Illinois and across the United States. However, where there is construction, workers and other individuals on the worksite may be exposed to site accidents and other hazards. Under Illinois laws, a person injured in a construction site accident may be eligible to seek damages through a claim or lawsuit. For more than 45 years, I have devoted my career to handling personal injury cases and representing clients in their construction site accident claims. As an experienced Illinois personal injury attorney , I can review every aspect of your personal situation, explore your options to recover damages, and help you seek the financial justice you deserve. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.

I Was Bit by a Neighbor’s Dog. What Should I Do?

By James P. Leahy Attorney At Law • February 8, 2023
Dog bites and dog attacks are quite prevalent in Illinois and across the United States. Unfortunately, victims of dog bite incidents can suffer minor or severe injuries, including punctured skin, fractures, lacerations, scarring, and infections. Thankfully, Illinois dog bite laws permit victims to hold the dog owner liable for their injuries and damages. However, seeking compensation for your dog bite injuries can become complex if you were bitten by your neighbor's dog. At James P. Leahy Attorney At Law, I have the resources and diligence to support and represent clients in their dog bite claims. As a trusted Illinois personal injury attorney, I can evaluate every detail of your unique situation and help you understand your options for pursuing damages. In addition, I will fight zealously for your rights and help you seek your rightful financial compensation. Reach out to my firm in Elgin, Illinois, to learn more.

Can I Sue a Business If I Was Hurt on Their Property?

By James P. Leahy Attorney At Law • January 18, 2023
Every day, people leave their homes to run errands. To do this, they need to move in and out of public spaces as well as private businesses. Most of the time, we don’t think twice about these tasks—but what happens if you become injured on a business’s property or public space? And who pays for injuries sustained on public property? Unsafe conditions are all around us and accidents that occur in public spaces or at a business are handled differently than those that occur at a private residence. For help filing a claim for an injury on public property or learning more about premises liability, call James P. Leahy Attorney At Law. As a premises liability attorney, I’m proud to serve Elgin, Illinois and the surrounding area, including Aurora, St. Charles, and Kane Count.

Hurt on a Friend or Neighbor’s Property: Should I Sue?

By James P. Leahy Attorney At Law • December 20, 2022
Whenever you are invited to a friend’s or neighbor’s property for a visit, you probably don’t expect anything bad to happen. You expect the friend or neighbor to keep their property in a reasonably safe condition and warn you of any unsafe conditions or hazards on the property. Unfortunately, property owners do not always fulfill these expectations, which is why accidents on someone else’s property happen more often than you might think. If you have been hurt on a friend’s or neighbor’s property, you may wonder about your legal options for recovering damages. Should you sue your friend or neighbor? Is there any other (less uncomfortable) option? If you sustained injuries while visiting someone else’s property (be it a friend or a neighbor), I can help. As a premises liability attorney at James P. Leahy Attorney At Law, I help clients understand their rights and navigate the legal process when seeking compensation for their injuries and losses. With an office in Elgin, Illinois, I also serve the surrounding areas, including St. Charles, Aurora, and Kane County.

Car Accident Fatalities on The Rise in Illinois

By Law Office Of James P. Leahy • May 27, 2021
Car accidents are a serious threat that can lead to expensive medical bills or loss of life. Analysis by the Chicago Tribune indicates that fatalities from car collisions in Illinois rose to a 13-year high in 2020. Here is what you need to know about this worrying statistic.
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