Illinois Car Accident Lawyer
When involved in a car accident in Illinois, victims experience traumatic injuries or fatalities. In such cases, navigating the complex legalities from filing lawsuits to dealing with insurance companies, can be extremely difficult. Having a knowledgeable Illinois car accident attorney by your side can simplify the entire process.
The car accident lawyers at the Injury Lawyer Team taking from their years of experience, advocate for the rights of the injured party. Whether it’s negotiating with insurance companies or representing clients in court, our lawyers ensure that clients get fair compensation for their damages.
Understanding Car Accidents in Illinois
What are the Statistics on Car Accidents in Illinois?
Every year, Illinois witnesses thousands of car accidents, leading to numerous injuries and fatalities. According to a report by the Illinois Department of Transportation, in 2022, the state saw 1,151 fatal crashes which resulted in 1,269 fatalities.
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Of those fatalities, 190 were pedestrians, 166 involved semi-trucks, and 146 involved motorcyclists. There were 33 fatalities in work zones, and 33 bicyclists were killed. In 303 of the car crashes, the victim didn’t use seat belts properly. In 218 Illinois car accidents that led to fatalities, the driver did not have proper licenses.
These statistics represent the gravity and damages of car accidents in Illinois, highlighting the need for effective legal representation for those affected.
What are the Common Causes of Car Accidents in Illinois?
Most car accidents in the United States are caused by driver negligence. According to the Forbes Advisor, 39% of the fatal crashes in Illinois occurred due to speeding drivers. Besides, car accidents can be a result of various factors, including:
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- Distracted driving
- Speeding
- Drunk or drowsy driving
- Adverse weather conditions like snow, rain, storms, or low visibility
- Reckless behavior
- Hazardous road conditions
- Failing to stop at red lights
- Changing lanes without checking for other drivers
Understanding these common causes of accidents can help drivers take preventive measures to reduce the risk of Illinois car accidents on the road.
The National Highway Traffic Safety Administration has found the use of seatbelts, paired with avoiding distracted driving caused by using cell phones for making calls or texting evidently reduces motor vehicle-related injuries and deaths.
What are the Different Types of Injuries Sustained in Car Accidents?
Car accidents can result in a wide range of injuries, from minor cuts and bruises to severe trauma such as:
- Head Injuries – When thrown forward in a car accident, hitting your head on the steering wheel, window, or dash can cause traumatic head injuries, leading to dizziness, memory loss, or even death.
- Spinal Cord Injuries – When your body is thrown in unnatural positions with a large impact, it can lead to serious damage to the spinal cord, resulting in herniated discs, nerve damage, paralysis, or death.
- Broken Bones – Broken arms, hips, legs, ribs, or shoulders are common in rear-end and side-impact car mishaps.
- Neck Injuries – Accidents can impact delicate tissue and bone structures of your neck portion, leading to herniated discs, whiplash, nerve damage, or sprain.
- Knee or Ankle Injuries – Striking your knees to the dashboard can damage your ligaments and kneecaps which may need reconstructive surgeries in future. Also, when the driver is trying to brake prior to the collision, the ankle may experience a front impact and get badly injured.
- Internal Bleeding
- Cuts or Scratches
These car accident injuries can have long-lasting physical, emotional, and financial consequences for victims, highlighting the importance of hiring personal injury lawyers to pursue compensation for medical treatment and other damages.
Legal Provisions for Car Accident Cases in Illinois
The state of Illinois follows a fault-based system for car accidents, meaning that the party responsible for causing the accident is liable for damages. It means you are able to file an insurance claim if the injury or property damage happens within the statute of limitations.
The Illinois car accident attorneys at the Injury Lawyer Team can help you understand and navigate the applicable state laws.
Statute of Limitations for Filing a Car Accident Claim in Illinois
In Illinois, there is a statute of limitations that sets a deadline for filing a car accident claim. This time frame typically ranges from one to two years from the date of the accident, depending on the circumstances.
If you’re in an accident involving a government employee while they’re on duty, you need to inform the Attorney General and the Court of Claims within one year of the Illinois car accident if you plan to file a lawsuit. Please do so within this time frame to avoid losing your right to seek compensation.
Modified Comparative Negligence
Illinois uses a modified comparative negligence law (735 ILCS 5/2-1116) as the standard for recovery of damages. Under modified comparative negligence, an injured party may recover compensation only if they are less than 50% at fault for the Illinois car accident. However, the recovered amount may be decreased in proportion to the degree that the injured party was at fault.
For example, if the injured party was 20 percent at fault and the other party was at 80 percent, then the injured party can collect for their damages because they were less than 50 percent at fault.
Claimants or the injured party who are at less than 50% fault can claim a portion of the award equal to the defendant’s share of liability. Meaning, that if the court awards you $50,000 and you were 20 percent at fault, you may receive $40,000.
Illinois Insurance Requirements
Illinois requires every driver to carry a liability insurance policy.
The bodily injury (BI) policy covers injuries to pedestrians or people in another vehicle or passengers who aren’t household members. According to state law, the minimum BI limits are $25,000 per person per accident and $50,000 for total per accident.
The property damage (PD) policy pays for damages to other vehicles or property such as buildings, fences, and others. The state of Illinois requires at least $20,000 worth of PD coverage.
This liability coverage may also finance a legal defense if you are sued because of an Illinois car accident.
What Steps to Take After a Car Accident in Illinois?
After a car accident in Illinois, knowing what to do is essential for your safety and legal protection. The following are some essential steps to take and avoid after a car collision, ensuring you’re prepared to handle the situation effectively.
- Illinois law mandates pulling over safely to the nearest area after a car accident. Ensure it doesn’t block traffic.
- If involved in a hit-and-run, gather as much evidence as possible, including license plate, color, make, and model.
- Capture photos of the other driver’s license, insurance card, and license plate.
- Gather information about the witnesses for your lawyer to reach out to later.
- Immediately contact emergency paramedic services if anyone is injured on the scene.
- If police don’t arrive on time, call the nearest police station, sheriff’s department, or State Police headquarters.
- Seek a medical evaluation after an accident. Treatment delays can reduce your chances of obtaining fair compensation.
- Avoid posting any accident-related information or photos on social media.
Truth be told, the most important thing to do as a car accident victim in Illinois is to contact a lawyer as soon as possible.
Why You Need a Car Accident Lawyer in Illinois
Having the expertise of an established car accident attorney significantly helps you receive maximum compensation from the insurance company. Our Illinois car accident attorneys will evaluate all the damages you have suffered, including medical expenses, lost wages, mental and emotional pain, vehicle damage, and future expenses.
A lawyer will communicate and negotiate with insurance companies on your behalf. Early hiring of an experienced car accident lawyer ensures fair compensation by gathering evidence, expediting the process (typically within a year), and skillfully negotiating with insurers.
Our skillful professionals at the Injury Lawyer Team are passionate about helping victims of negligence and wrongdoing, so they represent you in court and fight to protect your rights in the most dignified manner. Trials, which can drag on for years, are often avoided through timely settlements conducted by experienced personal injury attorneys.
Overall, hiring a car accident lawyer in Illinois can drastically improve your chances of obtaining a favorable outcome in your case.
Schedule a Free Consultation with a Car Accident Attorney in Illinois Today
Are you a car accident victim who experienced serious injury and vehicle damages, or did you lose a loved one in a fatal crash? Do you want to file a Chicago car accident claim to hold the negligent driver financially liable for your hospital bills and mental trauma?
The Illinois car accident lawyers at the Injury Lawyer Team, powered by Rosenfeld Law Offices, have decades of experience helping injured victims in Chicago, Rockford, Naperville, Joliet, and other areas of Illinois receive maximum compensation for all of their damages.
We accept every car accident lawsuit and wrongful death case on a contingency fee agreement. This arrangement guarantees you won’t pay any legal fees upfront until a car accident attorney successfully resolves your claim via a negotiated settlement or jury award.
Contact our Illinois car accident lawyers at (888) 424-5757 today to schedule a free consultation.